BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15729 of 2011 SARAVANAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR CR.NO. 558/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 12.09.2011 for the alleged commission of offence under Section 302 I.P.C., in Crime No.558 of 2011 on the file of the respondent police and hence, seek bail. 2.Heard Mr.S.Deenadhayalan, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor (Criminal side) appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is ranked as A1 and this Court on an earlier occasion has dismissed the bail petition on the ground that that the investigation is pending. He would further submit in his argument that he is ready to abide any condition likely to be imposed against him by this Court. 4.The learned Government Advocate (Criminal side) would submit in his argument that the investigation has been completed and charge sheet has been filed which is yet to be taken on file by the Judicial Magistrate concerned and the plea of the petitioner for grant of bail may not be considered. 5.Considering the submission made on both sides, I could see that the overt act against the petitioner is that he as the main accused had assault the deceased person with knife and caused serious injuries and the case was originally filed under Section 307 I.P.C and subsequently on the death of the deceased, it was altered into Section 302 I.P.C and the other accused viz., A2 to A4 were released on bail by this Court since the other accused had only wooden log in their hand and they have got lesser overt act than the first accused. https://hcservices.ecourts.gov.in/hcservices/ 6.This Court has dismissed the bail application for the present petitioner on the ground that the investigation is pending and charge sheet is yet to be filed. According to the submission of the learned Additional Public Prosecutor (Crl.side), investigation has been completed and charge sheet has been filed which is yet to be taken on file. The petitioner is in judicial custody for more than 80 days, since there is a change of circumstances this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on executing a separate 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, Thanjavur and on further condition that the petitioner Should stay at Chennai and should appear before the Egmore Police Station, daily at 10.30 a.m until further orders, except the dated on which the petitioner to appear before the committal Court. sd/- 01/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR. 2. THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM. 3. INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR. 4. THE INSPECTOR OF POLICE, EGMORE POLICE STATION, CHENNAI. 5. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 6. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.DEENADHAYALAN Advocate SR. No.42234 ORDER IN CRL OP(MD) No.15729 of 2011 Date :01/12/2011 RJ/2.12.11 (IT) 2p/8c https://hcservices.ecourts.gov.in/hcservices/