BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of August Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) Nos.10365 and 10776 of 2011 1 PONNUSAMY 2 CHINNADURAI ..PETITIONERS/ACCUSED NO.4 & 5 in Crl.OP(MD)No.10365 of 2011 1 RAJINI 2 ANAST @ ANASTRAJ ..PETITIONERS/ACCUSED NO.1 & 2 in Crl.OP(MD)No.10776 of 2011 Vs. STATE REP.BY THE INSPECTOR OF POLICE VALLAM POLICE STATION THANJAVUR DISTRICT. CR.NO.130 OF 2011 ..RESPONDENT/COMPLAINANT in Both the Petitions K.ARUMUGAM ..Intervener in Both the Petitions For Petitioners in Both the Petitions : MR.K.JEGANATHAN for MR.A.ARUNPRASAD Advocate For Respondent in Both the Petitions : MR.A.RAMAR, Additional Public Prosecutor For Intervener : MR.T.SEKAR, Advocate PETITIONS FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in Crl.O.P.(MD)No.10776 are arrayed as A1 and A2 and they were arrested and remanded to judicial custody on 15.04.2011 for the alleged offence punishable under Sections 147, 148, 323, 324, 302 and 506(ii) I.P.C, in Crime No.130 of 2011 on the file of the respondent police and hence, seek bail. 2.The petitioners in Crl.O.P.(MD)No.10365 of 2011 are arrayed as A4 and A5 and they were arrested and remanded to judicial custody on 29.04.2011 for the alleged offences punishable under Sections 147, 148, 323, 324, 307, 506(ii) and 302 I.P.C., in Crime No.130 of 2011 on the file of the respondent police and hence, seek bail. https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the prosecution is that A1 and A2 have assaulted the deceased by means of aruval on his head and the deceased died due to head injury and the accused 4 and 5 have assaulted the deceased by means of wooden log on his face, head and right knee and there is a previous enmity between both parties which, culminated to the occurrence. 4. The learned counsel for the petitioners in both the petitions would submit that the petitioners are innocents persons and they have been falsely implicated in this case and there is no impediment for grant of bail and they are in judicial custody from 15.04.2011 and 29.04.2011 respectively and hence, they pray for enlargement on bail. 5. The learned counsel for the intervenor would submit that the petitioners have been indulged in other crimes after the occurrence and before the occurrence and the brother of the deceased was assaulted by A1 and A2 and a case has been registered in Crime No.129 of 2011 and the respondents police have taken steps to took them under the Goondas Act. He further submitted that if the petitioners are released on bail, there may be tension prevailed in the village. 6. The learned Additional Public Prosecutor would submit that charge sheet has been filed, which was taken on file in P.R.C.No.33 of 2011 by the learned Judicial Magistrate No.2, Thanjavur. He further submitted that there are two groups in the village and in the event of the petitioners being released on bail, there will be tension and law and order problem will be created in the village. 7. Considering the facts and circumstances of this case, A3 and A9 have not been arrested so far and A6, A7, A8 and A9 were accused in Crime No.266 of 2003 on the file of the Vallam Police Station, which was registered under Sections 147, 148, 323 and 506(ii) I.P.C. and they were acquitted in Crime No.348 of 2006 on the file of Vallam Police Station, which was registered under Sections 147, 148, 323, 324, 379 and 3(1) of TNPPDL Act. Even though the intervenor has produced the copy of the F.I.R. in Crime NO.257 of 2011, the first and second accused herein were not accused in the said case and they obtained bail from the learned Principal District Judge, Thanjavur in Crime No.129 of 2011. The present case is only pending against A1 and A2. In so far as A4 and A5 are concerned, apart from these cases, they were arrayed as accused in S.C.No.380 of 2008, which is pending before the First Additional Session Judge, Thanjavur and the https://hcservices.ecourts.gov.in/hcservices/ said case was ended in acquittal. Another case in Crime No.272 of 2008 has been registered for the offence under Sections 448, 353, 294(b) and 506(i) I.P.C, pending on the above said cases, will not be a hindrance for this Court to consider the present bail applications. 8. In the present case, the entire investigation was completed and charge sheet has been filed and the case is ready for committal to the Sessions Court and the petitioners were in judicial custody for a long time as above mentioned, I am inclined to grant bail to the petitioners with certain conditions. 9. Accordingly, the petitioners in both the petitions are ordered 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 petitioners shall stay at Theni and report before the learned Judicial Magistrate, Theni daily at 10.30 a.m. until further orders. sd/- 23/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR AT KUMBAKONAM. 3 THE JUDICIAL MAGISTRATE, THENI. 4 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, THENI. 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 7 THE INSPECTOR OF POLICE VALLAM POLICE STATION, THANJAVUR DISTRICT. +2cc to M/S. A.ARUNPRASAD Advocate SR.Nos.28707 & 28708 akm/23.08.11 /2p-10c/ ORDER IN CRL OP(MD)Nos.10365 and 10776 of 2011 Date :23/08/2011 https://hcservices.ecourts.gov.in/hcservices/