BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.12107 of 2011 CHITRARASU ... PETITIONER / ACCUSED NO.10 Vs STATE REP. BY THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI, CRIME NO.1354/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. C.MAYIL VAHANA RAJENDRAN Advocate For Respondent : Mr.K.S.DURAI PANDY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is one of the accused in Crime No.1354 of 2011 on the file of the respondent police for offences under Sections 147, 148, 341, 302 and 506(ii) read with 109 IPC. The alleged occurrence was on 26.07.2011 and he was arrested on 29.07.2011. He has come forward with this petition seeking bail. 2. According to the prosecution, the son of the petitioner was earlier murdered by the opponents. In retaliation of the same, it is stated that the deceased in this case, who was one of the assailants, was done to death on 22.07.2011. Insofar as the petitioner is concerned, according to the first information report, he as not present at the time of occurrence, but the occurrence has taken place at his instigation. 3. The learned Additional Public Prosecutor would submit that the investigation is still pending, however, one of the accused by name Palani, against whom specific overtacts are made, granted bail by this Court in Crl.O.P.(MD)No.13225 of 2011. 4. The learned Counsel for the petitioner would submit that the petitioner has got nothing to do with the alleged occurrence and since he was nowhere near the place of occurrence, he may be granted bail. 5. I have considered the above submission. https://hcservices.ecourts.gov.in/hcservices/ 6. Even according to the case of the prosecution the petitioner was not present at the time of occurrence. He has been in jail for more than 70 days and the investigation should have been made substantial progress by this time. Above all, one of the accused by name, Palani, against whom, specific overtacts are made, granted bail by this Court in Crl.OP.(MD)No.13225 of 2011 and having regard to all the above facts and circumstances, I am inclined to grant bail to the petitioner, but with stringent conditions. 7. 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 likesum to the satisfaction of the Judicial Magistrate No.V, Madurai. ii) the petitioner shall stay at Tirunelveli and report before the Tirunelveli Town Police Station, Tirunelveli, everyday at 10.30 a.m. until further orders. sd/- 10/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE OFFICER INCHARGE TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI 5 THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI 6 THE SUPERINTENDENT CENTRAL PRISON, MADURAI +1. CC to M/S. C.MAYIL VAHANA RAJENDRAN Advocate SR.No.34995 ORDER IN CRL OP(MD) No.12107 of 2011 Date :10/10/2011 SMA/10.10.2011/8C/2P https://hcservices.ecourts.gov.in/hcservices/