BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12660 of 2011 SAMPATHKUMAR : PETITIONER/7th ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT. CRIME NO.57 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.SIVA THILAKAR Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A7 was arrested and remanded to judicial custody on 30.8.2011 for the alleged offences punishable under Sections 147, 148, 447, 342, 465, 468, 471, 506(ii) and 379 of IPC in Crime No. 57 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that a false case has been foisted against him and he is arrayed as A7 in crime No. 57 of 2011 and the case has been registered against 13 persons. He further submitted that A2 to A6 and A9 to A13 were already enlarged either on bail or on anticipatory bail and the petitioner is only the attestor of the document executed in favour of A8 to A13 and he was arrested on 1.9.2011 and interrogation is over and hence, he come forward with this application and he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) would submit the petitioner is arrayed as A7 and he is the attestor of the document executed in favour of A8 to A13. He further submitted that on 25.3.2010, the petitioner along with other accused gone to the place of occurrence and caused damage to the tune of 20 lakhs rupees and investigation is going on. He fairly conceded that A2 to A6 and A9 to A13 were already enlarged either on bail or anticipatory bail and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides, it could be seen that on the basis of the complaint given by the defacto complainant one Srinivasan a case has been registered in Crime No 57 of 2011 against 13 persons under Sections 147, 148, 447, 342, 465, 468, 471, 506(ii) and 379 of IPC. As per the version of both counsels, A2 to A6 and A9 to A13 have already enlarged either on bail or anticipatory bail and the overt act against the petitioner is that he is the attestor of the sale deed in favour of A8 to A13 and another overt act is that he caused damage to the horse farm along with other accused and caused damage to the tune of Rs.20 lakhs and similarly placed persons were already enlarged either on bail or on anticipatory bail and the petitioner was arrested on 1.9.2011 and interrogation is over. Hence, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly,the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul, and on further condition that petitioner shall appear before the the Judicial Magistrate No.1, Erode, daily at 10.30am until further orders. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, DINDIGUL 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3. THE JUDICIAL MAGISTRATE NO.1, ERODE. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT. +1 CC to M/S. S.SIVA THILAKAR Advocate SR.No.32833 ORDER IN CRL OP(MD) No.12660 of 2011 Date :23/09/2011 NSV/23.9.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/