SUYAMBU Vs. STATE

JUDGEMENT

(1.) HEARD both counsel. This is a bail petition filed by the petitioner/A-15 under Sec.439 of Crl.P.C. to release him on bail pending committal proceedings in P.R.C.No.18 of 1996 on the file of Judicial Magistrate No.II, at Nagercoil.

(2.) THE learned counsel for the petitioner strenously contended that there are 11 named accused in the F.I.R. and some other unnamed accused in the F.I.R. and the date of occurrence is 9.4.1996 and the petitioner was arrested on 15.4.1996 and one Lingam, a notorious criminal of Nagercoil was done to death in the Sub-Jail at Nagercoil and he has got number of enemies and the petitioner's name was not found in the F.I.R. and the co-accused was released on bail in Crl.O.PNo.4904 of 1996 by the High Court of Madras by an order dated 26.7.1996 and so also eight more accused were released by the committal Magistrate i.e., Judicial Magistrate, No.II at Nagercoil by an order dated 18.9.1996 in Crl.M.P.No.2216 of 1996 and in those circumstances the petitioner/A15 should be larged on bail.

(3.) NO doubt the co-accused were released on bail in this case by this Lordship Mr.Justice C.Shivappa by an order dated 26.7.1996 in Crl.O.P.NO.4904 of 1996 and so also by an order dated 18.9.1996 in Crl.M.P.NO.22r6 of 1996 by the learned Judicial Magistrate NO.III at Nagercoil, and a perusal of these orders will disclose that some of the accused were released on bail since the charge sheet could not be filed within 90 days and so some of the accused were released on bail under Sec.167(2) of Crl.P.C. This is evident from the order of His Lordship Mr.Justice C.Shivappa dated 26.7.1996 in Crl.O.P.NO.4904 of 1996, wherein it is stated as follows: