BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) Nos.14477, 14542 & 14463 of 2011 SELVARAJ ... PETITIONER/ACCUSED 1 in CRL.OP.No.14477/11 SOOMBAL @ CHOCKKALINGAM ...PETITIONER/ACCUSED 2 IN CRL.OP.NO.14542/11 K.MADASAMY ...PETITIONER/ACCUSED 6 IN CRL.O.P.No.14463/11 Vs THE INSPECTOR OF POLICE, MANOOR POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO.380/2011). ... RESPONDENT/COMPLAINANT IN ALL THE CASES For Petitioner : M/S. S.RAGAVENTHRE,Advocate IN CRL.OP.NO.14542 & 14477/11 M/S.V.MAHARAJAN, ADVOCATE IN CRL.O.P.No.14463/11 For Respondent : MR.K.S.DURAIPANDIAN, Additional Public Prosecutor IN ALL THE CASES PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in Crl.O.P.Nos.14477 and 14542 of 2011/accused Nos.1 and 2, who were arrested on 10.10.2011 and the petitioner in Crl.O.P.No.14463 of 2011/accused No.6, who was surrendered before the learned Judicial Magistrate, Cheranmahadevi on 13.10.2011, for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 302 of I.P.C in Crime No.380 of 2011 on the file of the respondent police, are before this Court seeking bail under Section 439 of the Criminal Procedure Code. 2.Heard the learned senior counsel appearing for M/s.Ragaventhre, learned counsel for the petitioners in Crl.O.P.Nos.14477 and 14542 of 2011 and Mr.V.Maharajan, learned counsel appearing for the petitioner in Crl.O.P.No.14463 of 2011 and the learned Additional Public Prosecutor appearing for the State in all the petitions. 3.The learned Senior counsel in his argument would submit that the petitioner in Crl.O.P.Nos.14477 of 2011 is arrayed as A-1 and the petitioner in Crl.O.P.No.14542 of 2011 is arrayed as A-2 and the petitioner in Crl.O.P.No.14463 of 2011 is arrayed as A-6 and the overt act against A-1 was to the effect that A-1 has instigated the other accused to commit the crime and the overt act against A-2 was to the effect that he held the stick in his hand and attacked on the deceased person. He would further submit in his argument that the case has been foisted against the first accused purely on election enmity, since he won the election with considerable margin by securing 80% of votes and he cannot have any enmity, when he had the winning majority among the people and enraged upon the probabilities of the victory in the election by the first accused, the case has been foisted against him. He would further submit in his argument that the 2nd accused was said to have held a stick which is not a dangerous weapon and the petitioners in both the petitions are languishing in jail from 10.10.2011 onwards and during which period, the counting and declaration of election results have been published and since the first accused is in jail, he could not take over the President- https://hcservices.ecourts.gov.in/hcservices/ ship of the Panchayat. He would further submit in his argument that the investigation ought to have been over by this time and the petitioners in both the petitions may be granted with bail and they are ready to abide to any stringent conditions. 4.The learned counsel for the petitioner in Crl.O.p.No.14463 of 2011 would submit in his argument that the accusation against A-6 is only to the effect that he along with another accused had waylaid the deceased person for the commission of offence and A-6 was implicated in this case with ulterior motive and on election enmity and A-6 was an innocent person and there was no connection in between A-6 and the occurrence. He would further submit that A-6 may be released on bail and he is ready to abide with any condition. 5.The learned Additional Public Prosecutor would submit in his argument that investigation is still pending and there is a strong motive as against the first accused and the reason put forth by the learned senior counsel appearing for the first accused that since he has got majority among the public for winning the election, he could not be an accused and instigated the offence cannot be correct. He would further submit that investigation is pending and there are ample evidence to show the involvement of A-1, A-2 and also A-6 in the offence. The submission of eye witness would also clearly show the involvement of all the three petitioners in these petitions. He would further submit that post-mortem certificate and medical documents are awaited and the investigation is pending, which is not a stage of grant of bail to the petitioners. 6.Considering the submissions made by both sides, this Court could see that the offence said to have committed by A-1, A-2 and A-6 are serious in nature. Admittedly investigation is pending and certain medical reports are awaited. The overt act against A-2 that he held the stick and attacked on the deceased person was said to have been spoken by the eye witnesses and it could be decided only after perusal of post mortem certificate which is still awaited. The instigation to commit the offence by the first accused cannot primafacie be held, as not reliable at this stage, when the investigation is in a crucial stage. Similarly, the overt act as against A-6 that he waylaid the accused was also said to have spoken by the eye witnesses. In view of the pendency of investigation, it is not feasible for releasing the accused on bail, whatever the strict conditions to be imposed on them. If for any reason, the petitioners are released on bail, there is a likelihood of interference in the investigation. Under the said circumstances, I am not inclined to grant bail to A-1, A-2 and A-6, who are the petitioners in all the three petitions. Accordingly, all the petitions are dismissed. sd/- 23/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE INSPECTOR OF POLICE, MANOOR POLICE STATION, TIRUNELVELI DISTRICT. 2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 3. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2. CC to M/S. S.RAGAVENTHRE Advocate SR.No.41167 & 41168 GH : 28.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.14477 of 2011 Date :23/11/2011 https://hcservices.ecourts.gov.in/hcservices/