BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.14085 of 2011 NAGARAJ ... PETITIONER/ACCUSED No.5 Vs INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DIST IN CR.NO. 440/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.AMMAVASAI Advocate For Respondent : MR.K.S.DURAIPANDIAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners is the fifth accused in Crime NO.440 of 2011 on the file of the respondent police for offences under Sections 120(b) an d302 IPC. He was arrested on 29.07.2011. He has come forward with this petition seeking bail. 2. According to the case of prosecution, the first accused is the wife of the deceased. She had illicit intimacy with the second accused. Because her husband viz., the deceased was hindrance for the same, she decided to do away with him with the help of the second accused. For that, she paid a sum of Rs.1,70,000/- to the second accused and engaged hooligans. The petitioner is one such hooligan and they committed murder of the deceased on 26.07.2011. 3. The learned counsel for the petitioner would deny the above allegations. He would submit that charge sheet has been laid in this case and the petitioner has been in jail for more than 96 days. He would further submit that two other accused viz., Sasikumar and Saravanan has been granted bail in Crl.O.P.(MD).No.14015 and 13603 of 2011 by this Court, This petitioner also stands in the same footing and therefore, bail may be granted to him. 4. I have considered the above submission. https://hcservices.ecourts.gov.in/hcservices/ 5. Having regard to the fact that charge sheet has already been laid, no specific overt act is attributed as against the petitioner and the fact that the petitioner stands in the same footing like that of others, who have already been granted bail, I am inclined to grant bail to the petitioner but with stringent conditions. 6. In the result, this petition is ordered and bail is granted to the petitioner on the following conditions ; (i) The petitioner shall be enlarged 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 District Munsif Cum Judicial Magistrate No.I, Usilampatti, and (ii) the petitioner shall stay at Trichy and report before the Cantonment Police Station, everyday at 10.30 am., until further orders. sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NO.I, USILAMPATTI 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI 4. INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI 5. THE OFFICER IN CHARGE, CONTONMENT POLICE STATION, TRICHY 6. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. P.AMMAVASAI Advocate SR.No.37498 GH : 03.11.2011 : 2P/8C ORDER IN CRL OP(MD) No.14085 of 2011 Date :02/11/2011 https://hcservices.ecourts.gov.in/hcservices/