In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil. Present : Thiru S

In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Saturday the 6th day of June, 2020.

Crl.M.P. No. 1924/2020

1. Rajan @ Justus Rajan, S/o John 2. Prem @ Prem Siju, S/o Selvaraj 3. Sukin @ Sukin Kumar, S/o Johnrose 4. John Justus @ John, S/o Johnrose 5. Alphin @ Alwin Sajith, S/o Thankaraj : Petitioners

/Vs./

Sub Inspector of Police, Eraniel Police Station, Crime No. 461/2020 of Eraniel Police Station. Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru R. Ashok Chandra, u/s 438 Cr.P.C., praying to grant anticipatory bail to the petitioners. ORDER

Perused the petition filed through online and written submission of the learned Public Prosecutor.

The petitioners/accused have been charged for the offences u/s 147, 148,

341, 294(b), 323, 324 and 506(ii) of IPC

The case of prosecution is that on 21.05.2020 at about 11.30 P.M. due to previous enmity, the accused persons wrongfully restrained the defacto complainant, abused in filthy words, assaulted him, caused injuries and threatened him. Hence the

charge.

It is stated in the petition that the petitioners are innocent and due to

previous enmity, this false case was registered against the accused and the petitioners

are ready to abide by any condition and prayed for anticipatory bail to the petitioners.

It is stated in the written submission of the learned Public Prosecutor that the petitioners are A1 to A5 and the defacto complainant is a Ward Councillor. Due to previous enmity, the accused persons had used foul language, threatened and had assaulted the defacto complainant in his head and nose using stone. The injured person has been discharged from the hospital.

Considering the nature of the offence alleged to be committed by the

petitioners/Accused and also considering the reply of the learned Public Prosecutor

that the injured has been discharged from the hospital, this court is inclined to grant

anticipatory bail to the petitioners with conditions.

In the result in the event of arrest or on their appearing before the court

concerned the petitioners are ordered to be enlarged on anticipatory bail on their

executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the

satisfaction of Judicial Magistrate, Eraniel subject to the following conditions:-

1. The petitioners shall appear before the court concerned within 30 days from

today without fail .

2. After release, the petitioners shall appear and sign before the respondent

police daily at 10.00 A.M. until further orders. 3. The petitioners shall also make themselves available before the respondent as

and when required.

4. The petitioners shall not tamper with the witnesses or in any manner interfere

with or put obstacle to the smooth progress of investigation.

5. The petitioners shall not leave the jurisdictional police limit without prior

permission.

If there is any violation of condition, the Investigation Officer is with in his discretion to approach the court of the learned Judicial Magistrate for cancellation of bail even though bail granted by the Sessions Court as per the ruling of the Hon'ble

Supreme Court reported in P.K.Shaji /Vs./ State of Kerala, (2005) AIR S.C.W.

5560.

Pronounced by me in open court this the 6th day of June, 2020.

Sd/- S. Arulmurugan Principal Sessions Judge.

To The Judicial Magistrate, Eraniel . The Sub Inspector of Police, Eraniel Police Station. The counsel for the petitioners.

In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil. Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Saturday the 6th day of June, 2020. Crl.M.P. No. 1928/2020

Aswin, S/o. Vincent Morish (A2) : Petitioner

/Vs./

Sub Inspector of Police, Marthandam Police Station, Crime No. 15//2020 of Marthandam Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru T. Johnson, u/s 438 Cr.P.C. praying to grant anticipatory bail to the petitioner.

ORDER Perused the petition filed through online and written submission of the learned Public Prosecutor.

The petitioner/accused has been charged for the offences u/s 294(b), 324,

323, 302 and 506(ii) of IPC.

The case of the prosecution is that on 19.01.2020 at about 7.45 P.M. due to previous enmity, the petitioner abused in filthy language, assaulted the defacto complainant, caused injuries and criminally intimidated him. Hence the charge. The learned counsel for the petitioner stated in the petition filed through online that the petitioner is innocent and he has not committed any offence as alleged in the FIR and A3 was already granted bail by the Hon'ble Madurai Bench of Madras

High Court on 13.02.2020 in Crl.OP(MD) No. 2510/2020 and A1 and A4 were already granted bail by this court on 30.04.2020 in Crl.M.P.No. 1673/2020 and this is the 3rd anticipatory bail petition and the earlier petitions in Crl.M.P. Nos.

654/2020and 1278/2020 were dismissed by this court on 12.02.2020 and 05.05.2020 respectively and he is ready to abide any condition and prayed for anticipatory bail to the petitioner.

It is stated in the written submission of the learned Public Prosecutor that the petitioner is A2 and due to previous enmity regarding temple offering box/

Hundial, the accused persons had brutally murdered the deceased. All the other three accused persons have been remanded and the custodial interrogation of A2 is essential. Earlier application in Crl.M.P.No. 1278/2020 was dismissed only on

05.05.2020 and there is no change in circumstances. In the event of allowing this application there will be hindrance for the investigation and he has serious objection to grant anticipatory bail to the petitioner.

Considering the grievous nature of the offences alleged to be committed by the petitioner/Accused and also considering the objection of the learned Public Prosecutor that the the custodial interrogation of petitioner/A2 is essential and if the petitioner/accused is released on bail, then there will be hindrance for investigation and the earlier application for anticipatory bail filed by the petitioner/accused was dismissed only on 05.05.2020 and there is no change in circumstances, this court is not inclined to grant anticipatory bail to the petitioner/accused. Hence this petition is dismissed.

In the result, this petition is dismissed.

Pronounced by me in open court this the 6th day of June, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge. In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge.

Saturday, the 6th day of June, 2020.

Crl.M.P. No.1935/2020

Najeem, S/o. Bagarutheen .. Petitioner

/Vs./

Sub Inspector of Police, Kottar Police Station, Crime No. 708/2020 of Kottar Police Station. Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru A.K.E. Appaji, u/s 438 Cr.P.C., praying to grant anticipatory bail to the petitioner.

ORDER

Perused the petition filed through online and written submission submitted by the learned Public Prosecutor.

The petitioner has been charged for the offence u/s 294(b), 341, 392,

506(ii) IPC and Section 4 of TNPHW Act.

The case of prosecution is that on 19.05.2020 at 8.30 P.M. the petitioners along with another one accused robbed Rs.2,500/- from the informant when he came near Edalakudy M.M.D. Hall with his wife, the petitioners abused filthy language against his wife and threatened the life of them. Hence the charge.

The learned counsel for the petitioner stated in the petition filed through online that the co-accused were arrested on 22.05.2020 and the properties were recovered from them and the petitioner is not having any previous cases and the respondent police purposely implicated the petitioner in this case and prayed for anticipatory bail to the petitioner.

The learned Public Prosecutor submitted the written objection and stated that the petitioner is A2 and the accused person had robbed cash Rs.3,000/- and a mobile phone worth Rs.3,000/-. Out of which, only Rs.2,000/- has been recovered, rest are not recovered. A2 is absconding and mobile phone is yet to be recovered from him and the custodial interrogation is essential and he has serious objection to grant anticipatory bail to the petitioner.

Considering the grievous nature of the offences alleged to be committed by the petitioner/Accused that he had robbed cash Rs.3,000/- and a mobile phone worth about Rs.3,000/- and only a cash was recovered and the mobile phone is yet to be recovered and also considering the objection of the learned Public Prosecutor that the custodial interrogation of petitioner/accused is essential, this court is not inclined to grant anticipatory bail to the petitioner/accused. Hence this petition is dismissed.

In the result, this petition is dismissed.

Pronounced by me in open court this the 6th day of June, 2020.

Sd/-S. Arulmurugan Principal Sessions Judge. In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil. Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Saturday the 6th day of June, 2020. Crl.M.P. No. 1937/2020

A. Livingston, S/o. Arul Kinston : Petitioner

/Vs./ Sub Inspector of Police, Boothapandy Police Station, Crime No. 73//2020 of Boothapandy Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru S. Pillai Monicantan, u/s 438

Cr.P.C. praying to grant anticipatory bail to the petitioner.

ORDER Perused the petition filed through online and written submission of the learned Public Prosecutor.

The petitioner/accused has been charged for the offences u/s 294(b), 323

IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

The case of the prosecution is that on 24.03.2020 at about 20.30 hours the petitioner pelted stone on the defacto complainant's roof, abused in filthy language, assaulted the defacto complainant, caused injuries and criminally intimidated him. Hence the charge.

The learned counsel for the petitioner stated in the petition filed through online that the petitioner is innocent and the defacto complainant had no injury and the investigation of the case has been completed and he is ready to abide any condition and prayed for anticipatory bail to the petitioner.

In the written submission, the learned Public Prosecutor stated that since the defacto complainant questioned for throwing stones on her house roof, the accused person had used foul language and also had pelted stone on her and the injured person has been discharged from the hospital.

Considering the nature of the offence alleged to be committed by the petitioner/Accused and also considering the reply of the learned Public Prosecutor that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner with conditions.

In the result, in the event of arrest or on his appearing before the court concerned the petitioner is ordered to be enlarged on anticipatory bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of Judicial Magistrate, Boothapandy subject to the following conditions:-

1. The petitioner shall appear before the court concerned within 30 days from

today without fail.

2. After release, the petitioner shall appear and sign before the respondent police

daily at 10.00 A.M. until further orders.

3. The petitioner shall also make himself available before the respondent as and

when required.

4. The petitioner shall not tamper with the witnesses or in any manner interfere

with or put obstacle to the smooth progress of investigation. 5. The petitioner shall not leave the jurisdictional police limit without prior

permission.

Hon'ble Supreme Court reported in P.K.Shaji /Vs./ State of Kerala, (2005) AIR

S.C.W. 5560.

Pronounced by me in open court this the 6th day of June, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge.

To The Judicial Magistrate, Boothapandy. The Sub Inspector of Police, Boothapandy Police Station. The counsel for the petitioner. In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge.

Saturday, the 6th day of June, 2020.

Crl.M.P. No.1938/2020

M.S. Jackson, S/o. M. Stephan .. Petitioner

/Vs./

Sub Inspector of Police, Nesamony Nagar Police Station, Crime No. 354/2020 of Nesamony Nagar Police Station. Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru N. Ananth Chellaram, u/s 438

Cr.P.C., praying to grant anticipatory bail to the petitioner.

ORDER

Perused the petition filed through online and written submission submitted by the learned Public Prosecutor.

The petitioner has been charged for the offence u/s 188, 505(i) (b) IPC r/w Section 3 of E.D. Act.

The case of prosecution is that the petitioner had posted a video in social media to defame the reputation of the Government. Hence the charge.

The learned counsel for the petitioner stated in the petition filed through online that the petitioner is innocent and he is a medical practitioner and it is a false and misleading case and has been foisted with ulterior motives and the petitioner has only expressed his observation as a doctor and has not committed any offence and he is ready to abide by any condition and prayed for anticipatory bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the defacto complainant is the Joint Director of the Medical and Rural Heal Services.

The accused person had posted a video in social media regarding the steps taken by the Government for COVID-19 in such a way to defame the reputation of the

Government and he has serious serious objection to grant anticipatory bail to the petitioner.

The video clipping filed along with the e-Bail application is seen by this court. In the video clipping, the petitioner/accused criticized the precautionary steps taken by the Government. This court is in the considered view that the criticism made by the petitioner/accused can be seen as his right to free expression of speech.

Hence considering the nature of the offence alleged to be committed by the petitioner/ accused, this court is inclined to grant anticipatory bail to the petitioner/accused with conditions.

In the result in the event of arrest or on his appearing before the court concerned the petitioner is ordered to be enlarged on anticipatory bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of Judicial Magistrate No.II, Nagercoil subject to the following conditions:-

1. The petitioner shall appear before the court concerned within 30 days from

today without fail . 2. After release, the petitioner shall appear and sign before the respondent police

daily at 10.00 A.M. until further orders.

3. The petitioner shall also make himself available before the respondent as and

when required.

4. The petitioner shall not tamper with the witnesses or in any manner interfere

with or put obstacle to the smooth progress of investigation.

5. The petitioner shall not leave the jurisdictional police limit without prior

permission.

Supreme Court reported in P.K.Shaji /Vs./ State of Kerala, (2005) AIR S.C.W.

5560.

Pronounced by me in open court this the 6th day of June, 2020.

Sd/-S. Arulmurugan Principal Sessions Judge.

To The Judicial Magistrate No.II, Nagercoil. The Inspector of Police, Nesamony Nagar Police Station. The counsel for the petitioner.

In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil. Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge.

Saturday, the 6th day of June, 2020.

Crl.M.P. No.1939/2020

J.Jain Shaji, S/o. M. James .. Petitioner

/Vs./

Sub Inspector of Police, Vadasery Police Station, Crime No. 370/2020 of Vadasery Police Station. Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru. D. Xavier Jaya Sathish, u/s 438 Cr.P.C., praying to grant anticipatory bail to the petitioner. ORDER

Perused the petition filed through online and written submission submitted by the learned Public Prosecutor.

The petitioner has been charged for the offence u/s 353, 188, 269 of IPC and 3 of Epidemic Act 1897.

The case of prosecution is that the informant is working as a Health

Inspector of Nagercoil Corporation. The petitioner lead an agitation against the

Corporation held on 20.05.2020 at Santhosh Nagar area without observing social distancing and spreading false information in Whats App in respect to the inefficiency of Nagercoil Corporation. Hence the charge.

The learned counsel for the petitioner stated in the petition filed through online that the petitioner never committed any offences as alleged in the FIR and he is ready to abide by any condition and prayed for anticipatory bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the defacto complainant is the Sanitary Inspector. As and when the accused person's house (including 47 houses) was sealed due to the spread of COVID-19, the accused person had posted various contents in social media in such a way to defame the reputation of the Tamil Nadu Government and other officials. Later on the accused person had also restrained the Government officials from rendering their selfless services towards the fight against COVID-19. Considering the nature of the offence, he has serious serious objection to grant anticipatory bail to the petitioner.

Considering the nature of the offence alleged to be committed by the petitioner/Accused and also considering the objection of the learned Public

Prosecutor that during the COVID-19 lockdown period, the petitioner/accused had restrained the Government officials from rendering their services and also the petitioner/accused gathered the public without following the social distance to restrain the Government service, this court is not inclined to grant anticipatory bail to the petitioner/accused at this stage. Hence this petition is dismissed.

In the result, this petition is dismissed.

Pronounced by me in open court this the 6th day of June, 2020.

Sd/- S.Arulmurugan Principal Sessions Judge.