BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13100 of 2011 SATHISH ... PETITIONER/ACCUSED NO.8 Vs STATE REP.BY THE SUB INSPECTOR OF POLCIE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT CR NO.432/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAMU 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 is arrayed as A8 and he was arrested and remanded to judicial custody on 10.08.2011 for the alleged offence punishable under Sections 120(b), 147, 148, 302 and 201 IPC., in Crime NO.432 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that on the basis of the confession given by the co-accused, the petitioner was implicated in this case. He further submitted that the only overt act against the petitioner is that he caught hold of the deceased and facilitating the other accused to commit an act of murder. He further submitted that the petitioner is in judicial custody from 10.08.2011 and hence, he prays for enlargement on bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the name of the petitioner has not been find place in the FLI.R and the overt act attributed against the petitioner is that he caught hold of the deceased and facilitating the other accused to commit an act of murder. He further submitted that after the murder, they took the body in a Auto and after seeing the de-facto complainant, they left the vehicle along with the body. He further submitted that the investigation is going on and they are awaiting the chemical report and hence, he prays for the dismissal https://hcservices.ecourts.gov.in/hcservices/ of this application. 4.Considering the rival submissions made by both sides and also considering the fact that on the basis of the confession the fact that on the basis of the confession given by one passenger, a case has been registered and the name of the accused has not been mentioned and on the basis of the confession given by co-accused, the petitioner was implicated in this case and the only overt act against the petitioner is that he caught hold of the deceased and facilitating the other accused for the commission of the act of murder and the accused Nos.3,4,7 and 8 were arrested and the accused Nos.1, 2,5,6,9,10 were surrendered and they are in judicial custody and the investigation is going on and they are awaiting the chemical report, 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, Thriumangalam and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m until further orders. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE SUB INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT 5 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAMU Advocate SR.No.33965 ORDER IN CRL OP(MD) No.13100 of 2011 Date :29/09/2011 TR : 30.09.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/