IN THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, .

PRESENT: Thiru.R.Shanmugasundaram, B.Com., L.L.B., Principal Districit and Sessions Judge, Ramanathapuram.

ததரவளளளவரள ஆணளட சததளததரர மமதமள 17 மள நமளள வதயமழகளகதழரம

Thursday, the 30th day of April 2020

Cr.M.P.No. 125 Of 2020 (e.bail)

Balasubramaniyan, age 47,S/o.Raman, Keelapatcheri, , Taluk, .

...Petitioner/accused /vs/

State, through the Inspector of Police, Theriruveli P.S., in Cr.No. 18/2013 C.C.187/2014 ...Respondent/Complainant

For petitioner : Thiru.A.Manoharan, Advocate. For respondent : Thiru.K.N. Karunakaran, Public Prosecutor,

E-BAIL PETITION FILED FOR BAIL U/S 439 Cr.P.C.

ORDER

The e-bail application filed by the Petitioner/Accused in Cr.No. 18/2013 on the file of the respondent police . Notice to the said e-bail application forwarded to

Learned Public Prosecutor and the Additional Superintendent of Police,

Ramanathapuram through their Whatsapp.

The e-bail application taken for hearing in view of the country wide lock-down announced by the Union Government and the State Government in view of COVID-19 threat perception and as the usual working of the Court is suspended as per circular

ROC. No. 1363/2020/RG dated 24.03.2020, an hearing of the e-bail application made through Vidyo Video conferencing, sitting at my residence office and connected through Vidyo Video conferencing to connect to the both sides counsels through the technology support of the System Officer.

Both sides arguments were heard through Vidyo Video Conferencing Call.

The respondent police has filed a case against petitioner in Crime No. 18/2013 under section 147,148,294(b), 323, 324, 506(ii) IPC r/w 149 IPC.

The learned counsel for the petitioner submitted that the petitioner was already released on bail and case has been taken on file by the Judicial Magistrate,

Mudukulathur as C.C.No.187/2014. The petitioner Failed to appear before the Court for only one hearing . Therefore, NBW was issued against the petitioner on 7.12.2019 and the petitioner was arrested and remanded to judicial custody on 27.4.2020 for the past 4 days. Further, the petitioner mother is aged person and his father is no more and he is necessary to take care of his mother and the petitioner/accused also undertakes to obey the condition if imposed by this Court.

The learned Public Prosecutor submitted that the petitioner was already granted bail and subsequently he jumped out of bail and due to his non-appearance before this Court, non-bailable warrant has been issued against him and the petitioner was secured on 27.4.2020, he is in judicial custody for the past 4 days. There are totally 16 accused in this case. The petitioner herein is A2 . A1 died, NBW pending against A2 and A11. The case has been pending for more than 6 years. If the petitioner is released on bail again he would abscond and flee away from the clutches of Law.

Considering the facts and circumstances of the case and period of custody , this Court is inclined to grant bail to the petitioner with condition

Accordingly, the petitioner is hereby granted bail on execution of own bond for Rs.20,000/- and on further condition that:

1) the petitioner shall appear before the learned Judicial Magistrate,

Mudukulathur, on 20.5.2020 at 10.00 a.m. and execute a fresh bond for a sum of

Rs.20,000/- with two sureties like sum to the satisfaction of the Magistrate Concerned.

2) the petitioner shall stay at his home till lock-down period and he shall not

come out public place except essential needs.

3) the petitioner shall appear before the learned Judicial Magistrate, Mudukulathur

respondent police daily at 10.00 a.m. after the lock down lifted by the Government until further orders.

4) If the petitioner failed to comply the above said conditions the bail order shall

stand dismissed automatically.

5) the petitioner shall not tamper with evidence or witness during trial.

6) the petitioner shall not abscond during trial.

7) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court as the case may be, is entitled to take appropriate action against the petitioner in accordance with Law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the

Hon'ble Supreme Court in P.K. Shaji -vs- State of Kerala (2005 AIR SCW 5560).

Pronounced by me at residence this the 30th day of April 2020.

Sd- R. Shanmuga sundaram, Principal District and Sessions Judge, Ramanathapuram.

Copy to The Judicial Magistrate, Mudukulathur. ] copy sent through The Public Prosecutor, Ramanathapuram. ] e-mail/WhatsApp. The Inspector of Police, Theriruveli P.S. ] The Advocate concerned. ]

The Superintendent, Sub Jail Mudukulathur