Court of the District and Sessions Judge, Kanyakumari at Nagercoil

COURT OF THE DISTRICT AND SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL.

IDOP.No. 81/2020

Deposition of the witness P.W.1 Solemnly affirmed by Thiru/Tmt Bench Clerk in accordance with the provision of Act X of 1873. Name : Tr. Pon Sojin Raj Father's Name : Village : Taluk : Caste : Calling : Religion : Age : Date : 21.09.2020 Kjy; tprhuiz

ehd; mry; kDtpy; 1?k; kDjhuh;/ 2?tJ kDjhuh; vdJ kidtp/ eh';fs; ,UtUk; nrh;e;J ,e;j tpthfuj;J kDit jhf;fy; bra;Js;nshk;/ vdJ gpukhd thf;FK:yj;ij ehd; jhf;fy; bra;Js;nsd;/ mjpy; brhy;ypa[s;s r';fjpfs; vdf;F bjhpa[k;/ v';fs; jpUkzj;jpw;fhf mr;rof;fg;gl;l mry; jpUkz miHg;gpjH; k/rh/M/1/ jpUkzj;jpd;nghJ vLf;fg;gl;l mry; g[ifg;glk; k/rh/M/2/ v';fs; jpUkz mry; gjpt[ rhd;wpjH; k/rh/M/3/ vdf;F tH';fg;gl;l Mjhh; ml;ilapd; b$uhf;!; efy; k/rh/M/4/ (nkw;go Mtzk; mjd; mrYld; xg;gpl;L ghh;f;fg;gl;lgpd; FwpaPL bra;ag;gl;Ls;sJ) kDtpy; ehd; nfhhpago cj;jut[ gpwg;gpf;FkhW nfl;Lf;bfhs;fpnwd;/ /2/

F/tp? ,y;iy/ COURT OF THE DISTRICT AND SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL.

IDOP.No. 81/2020

Deposition of the witness P.W.2 Solemnly affirmed by Thiru/Tmt Bench Clerk in accordance with the provision of Act X of 1873. Name : Tmt.Benida Father's Name : Village : Taluk : Caste : Calling : Religion : Age : Date : 21.09.2020 Kjy; tprhuiz

ehd; mry; kDtpy; 2?tJ kDjhuh;/ 1?tJ kDjhuh; vdJ fzth;/ vdJ gpukhd thf;FK:yj;ij jhf;fy; bra;fpnwd;/ mjpy; brhy;ypa[s;s r';fjpfs; vdf;F bjhpa[k;/ vdf;F tH';fg;gl;l Mjhh; ml;ilapd; b$uhf;!; efy; k/rh/M/5/ (nkw;go Mtzk; mjd; mrYld; xg;gpl;L ghh;f;fg;gl;lgpd; FwpaPL bra;ag;gl;Ls;sJ) kDtpy; ehd; nfhhpago cj;jut[ tH';FkhW nfl;Lf; bfhs;fpnwd;/ F/tp? ,y;iy/ COURT OF THE DISTRICT AND SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL.

DOP.No. 105/2020

Deposition of the witness P.W.1 Solemnly affirmed by Thiru/Tmt Bench Clerk in accordance with the provision of Act X of 1873. Name : Tr. C.Ramesh Father's Name : Village : Taluk : Caste : Calling : Religion : Age : Date : 23.09.2020 Kjy; tprhuiz

ehd; ,e;j mry; kDtpy; Kjy; kDjhuh;/ 2?k; kDjhuh; vd;Dila kidtp/ eh';fs; ,UtUk; nrh;e;J mry; kDit tpthfuj;J nfhhp jhf;fy; bra;Js;nshk;/ ehd; vdJ gpukhd thf;FK:yj;ij jhf;fy; bra;fpnwd;/ mjpYs;s r';fjpfs; vdf;F bjhpa[k;/ v';fsJ jpUkzj;jpd;nghJ mr;rof;fg;gl;l mry; jpUkz miHg;gpjH; k/rh/M/1/ v';fsJ jpUkzk; rp/v!;/I bgUk;rpyk;g[ Miyaj;jpy; gjpt[ bra;jjw;fhd mry; jpUkz gjpt[ rhd;wpjH; mry; k/rh/M/2/ vdf;F tH';fg;gl;l Mjhh; ml;ilapd; b$uhf;!; efy; k/rh/M/3/ (nkw;go Mtzk; mjd; mrYld; xg;gpl;L ghh;f;fg;gl;lgpd; FwpaPL bra;ag;gLfpwJ)/ vdf;F tH';fg;gl;l FLk;g ml;ilapd; b$uhf;!; efy; k/rh/M/4/ ( nkw;go Mtzk; mjd; mrYld; /2/ xg;gpl;L ghh;f;fg;gl;lgpd; FwpaPL bra;ag;gLfpwJ/) kDtpy; ehd; nfhhpago cj;jut[ tH';FkhW nfl;Lf; bfhs;fpnwd;/ FWf;F tprhuiz? ,y;iy/

COURT OF THE DISTRICT AND SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL.

DOP.No. 105/2020 Deposition of the witness P.W.2 Solemnly affirmed by Thiru/Tmt Bench Clerk in accordance with the provision of Act X of 1873. Name : Tmt.Kingsha Beautylin Father's Name : Village : Taluk : Caste : Calling : Religion : Age : Date : 23.09.2020 Kjy; tprhuiz

ehd; ,e;j mry; kDtpy; 2?k;; kDjhuh;/ 1?k; kDjhuh; vd;Dila fzth;/ eh';fs; ,UtUk; nrh;e;J mry; kDit tpthfuj;J nfhhp jhf;fy; bra;Js;nshk;/ ehd; vdJ gpukhd thf;FK:yj;ij jhf;fy; bra;fpnwd;/ mjpYs;s r';fjpfs; vdf;F bjhpa[k;/ vdf;F tH';fg;l;l Mjhh; ml;ilapd; b$uhf;!; efy; k/rh/M/5/ ( nkw;go Mtzk; mjd; mrYld; xg;gpl;L ghh;f;fg;gl;lgpd; FwpaPL bra;ag;gLfpwJ/) kDtpy; ehd; nfhhpago cj;jut[ tH';FkhW nfl;Lf; bfhs;fpnwd;/ FWf;F tprhuiz? ,y;iy/ In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.

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

Thursday the 24th day of September, 2020. Crl.M.P. No. 3774/2020

1. A. Aravinthan S/o. Anbu (A1) 2. T. Thilak @ Thilaks S/o. Thankathurai (A2) : Petitioners /Vs./ Sub Inspector of Police, Asaripallam Police Station, Crime No. 14/2020 of Asaripallam Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru M. Subash Nathan, u/s 439

Cr.P.C. praying to grant bail to the petitioners.

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioners have been charged for the offence u/s 302 of IPC.

The case of the prosecution is that the deceased Aji was a driver and there was enmity between both families in conducting the festival in Athiswamy

Temple, Manthancadu and while on 12.02.2020 at about 10.00 P.M., the defacto complainant and his wife were in their house, there was a continuous alarming sound of their son from outside and immediately they came out of house and they saw the accused persons were assaulting him with wooden sticks in front of the said temple.

The deceased Aji who fell down was taken to hospital and the doctors who examined Aji declared that he already died. Hence the charge.

The learned counsel for the petitioners stated in the petition that the family of the accused and defacto complainant were in enimical terms and the deceased Aji was a drunkard and in fact there was only small wordy quarrel and finally there was a push and pull in between the defacto complainant's son and the accused persons and the petitioners are the real aggrieved persons. Initially the defacto complainant's son had assaulted the accused persons and only to defend themselves and pacify the dispute, the alleged accused persons had been taken steps and in the meanwhile, the deceased fell down due to intoxication of liquor and subsequently died. The petitioners are innocent and they have been falsely implicated in this case. The petitioners are in judicial custody from 14.02.2020 and the petitioners 1 and 2 were detained by the respondent police under Goondas Act and subsequently the said detention order was quashed by the Hon'ble Madurai

Bench of Madras High Court in HCP (MD) No.354/2020 and 334/2020, dated

15.09.2020. The petitioners are Engineering graduate and the 1st petitioner was employed at Chennai and the 2nd petitioner is waiting for job. The investigation of the case is already over and the charge sheet is ripe for filing before this court and the petitioners are ready to abide by any condition and prayed for bail to the petitioners.

The learned Public Prosecutor stated in the written submission that the present petitioners are A1 and A2 and the accused person had been arrested on

12.02.2020 and both of them had been detained under Goondas Act in PD No.9/2020 and 10/2020 and the same was subsequently set aside and the investigation has been completed and change sheet has also been laid and he has serious objection to release.

Considering the fact that the petitioners/accused are in judicial custody for the past 184 days and also considering the reply of the learned Public Prosecutor that the Goondas Act imposed on the petitioners/accused was subsequently set aside and the investigation has been completed and charge sheet has also been laid, this court is inclined to grant bail to the petitioners/accused with conditions.

In the result, the petitioners are ordered to be enlarged on 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 No.I, Nagercoil and after release the petitioners shall appear and sign before the respondent police daily at 10.00 A.M. until further orders and accordingly this petition is allowed.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge.

To The Judicial Magistrate No.I, Nagercoil. The Sub Inspector of Police, Asaripallam Police Station. The Superintendent, District Jail, Nagercoil. 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.

Thursday the 24th day of September, 2020. Crl.M.P. No. 3775/2020

Boopathi Raj S/o. Esakkiraj Subba Nayidu : Petitioner /Vs./ Sub Inspector of Police, Nesamony Nagar Police Station, Crime No. 340/2020 of Nesamony Nagar Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru M. Sahadevan, u/s 439 Cr.P.C. praying to grant bail to the petitioner.

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 354(d), 506(i) of

IPC r/w Section 67 of IT Act.

The learned counsel for the petitioner stated in the petition that the petitioner was granted interim bail in Crl.M.P.No. 1931/2020 dated 04.06.2020 with conditions and subsequently the petitioner filed petition for extension of time in

Crl.M.P. No.3552/2020 and it was allowed on 10.09.2020 and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written submission that interim bail and extension of time for the present petitioner was allowed on 05.06.2020 in Crl.M.P.No. 1931/2020 and on 10.09.2020 in Crl.M.P.No.3552/2020 respectively and now the petitioner had moved for regular bail.

Considering the fact that the petitioner was already granted interim bail on 04.06.2020 in Crl.M.P.No.1831/2020 and the reasons for granting interim bail to the petitioner/accused is applicable to this petition also and the learned Public

Prosecutor did not raise any serious objection, this court is inclined to grant bail to the petitioner.

In the result, the petitioner is ordered to be enlarged on 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, Additional Mahila Court, Nagercoil within one month from today and accordingly this petition is allowed.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge.

To The Judicial Magistrate, Additional Mahila Court, Nagercoil. The Sub 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.

Thursday the 24th day of September, 2020. Crl.M.P. Nos. 3776/2020

Darwin S/o. Alex (A1) : Petitioner

/Vs./ Inspector of Police, Thuckalay Police Station, Crime No. 745/2020 of Thuckalay Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru J. Bergin Jebakumar, u/s 439

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

ORDER

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

The petitioner has been charged for the offence u/s 341, 294(b) and 302

IPC.

The case of the prosecution is that on 08.08.2020 at about 4.00 P.M., the petitioner along with another accused waylaid the defacto complainant's brother and used filthy language against him and attacked him with weapons, due to that he died.

Hence the charge.

The learned counsel for the petitioner stated in the petition that nothing was happened as alleged in the FIR and the deceased had corona virus disease and no one take care of him, since he is unmarried person. On 08.08.2020, the deceased was admitted in the hospital and the hospital authority found that the deceased was affected with corona virus and Dinanthanthi daily news paper publication dated

11.08.2020 clearly proved that the victim was died due to corona virus. The petitioner never attacked or used any weapon against the victim as alleged in the FIR and this is the 2nd application and the earlier application in Crl.M.P. No.3566/2020 was dismissed on 10.09.2020 and the prosecution side vehemently argued that the accused used iron rod, so deceased got injury, but the deceased did not gave any injury on the body. The petitioner is innocent and there is no specific overt act against the petitioner and he is having no connection with the allegation stated in the

FIR and he is in judicial custody from 09.08.2020 and the name of the petitioner has been falsely implicated in this case due to instigation of his rival enemies and the petitioner is ready to abide by any condition and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the accused persons had brutally assaulted the defacto complainant's brother in his head using iron rod and it is a case of 302 IPC and A1 had been arrested only on

09.08.2020 and it is too early to consider this application and the investigation is in premature stage and the earlier application was dismissed only on 10.09.2020 in

Crl.M.P. No.3566/2020 and there is no change in circumstances and considering the nature and gravity of the offence, he has serious objection. Considering the nature of the offence alleged to be committed by the petitioner/A1 that he brutally assaulted the defacto complainant's brother in his head using iron rod and murdered him and also considering the objection of the learned

Public Prosecutor that the investigation is in premature stage and the earlier application was dismissed only on 10.09.2020 in Crl.M.P. No.3566/2020 and there is no change in circumstances, this court is not inclined to grant bail to the petitioner.

Hence this petition is dismissed.

In the result, this petition is dismissed.

Pronounced by me in open court this the 24th day of September, 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.

Thursday the 24th day of September, 2020.

Crl.M.P. No. 3777/2020

Thangapandiyan, S/o. Kasi Nadar : Petitioner

/Vs./

Inspector of Police, CBCID, Nagercoil. Crime No. 4/2020 of CBCID, Nagercoil. Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru T.K. Makesh, u/s 439 Cr.P.C. praying to grant bail to the petitioner. ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 420, 406, 120(b), 201 of IPC and Section 4 of Charging Exorbitant Interest Act, 2003.

The learned counsel for the petitioner stated in the petition that the petitioner is a senior citizen and on 30.06.2020 he has been forcibly abducted from his house by five known persons including two women headed by Inspector of Police namely Shanthi attached to the respondent police. The petitioner is in judicial custody from 30.06.2020 and the final report has been also filed and the same has been taken on file vide C.C.No. 316/2020 by the learned Judicial Magistrate No.I,

Nagercoil. This is the 2nd online application and the earlier bail application has been dismissed by the Hon'ble Madurai Bench of Madras High Court vide Crl.OP(MD)

No. 8119/2020. Now the change in circumstances is that the co-accused has been enlarged on bail by the Hon'ble Madurai Bench of Madras Hih Court on 10.09.2020 in Crl.O.P.(MD) No. 9172/2020 and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the defacto complainant had borrowed money from the accused person and gave his bike and cheques and even after settling the debt, the accused person failed to return the same. On one hand the defacto complainant insisted to return his bike, but on the other hand, the present petitioner and other accused persons had created few forged documents and had transferred the bike (which belongs to the defacto complainant) to his own name. In order to find the whole chain of people involved in transfer of bike in his name, his custodial interrogation is essential. In addition to that, the present petitioner being the father of Kasi, had destroyed the hard disk involved in CBCID ,

Nagercoil Crime No.5/2020. Investigation is in premature stage and discrete enquiry has to be conducted. It is pertinent to note that this case is a sensational one in Tamil

Nadu. Considering the nature and gravity of offence, antecedents, possibility of further occurrence and the factual matrix of the case he has serious objection. The petitioner had moved before the Hon'ble Madurai Bench of Madras High Court in

Crl.OP(MD) No. 8119/2020 and the same was dismissed only on 10.09.2020.

Therefore it may not be appropriate to entertain this application at this point of time. Considering the nature of the offences alleged to be committed by the petitioner/accused and also considering the objection of the learned Public Prosecutor that the petitioner/accused and the other accused persons had created forged documents and transferred the bike (which belongs to the defacto complainant) to their name and in order to find out the whole chain of people involved in the transfer of bike, the custodial interrogation is essential and the investigation is in premature stage and also considering the fact that the petitioner/accused has moved bail before the Hon'ble Madurai Bench of Madras High Court in Crl.OP(MD) No.

8119/2020 and the same was dismissed on 10.09.2020, subsequently this petition is filed, this court is not inclined to grant 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 24th day of September, 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.

Thursday the 24th day of September, 2020.

Crl.M.P. No. 3778/2020

Thangapandiyan, S/o. Kasi Nadar : Petitioner

/Vs./

Inspector of Police, CBCID, Nagercoil. Crime No. 2/2020 of CBCID, Nagercoil. Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru T.K. Makesh, u/s 439 Cr.P.C. praying to grant bail to the petitioner. ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 354A, 354C, 354D,

385, 420, 506(i) IPC and Section 4 of Women Harassment Act and Section 67E, 67,

67A of IT Act @ u/s 354A, 354C, 354D, 385, 420, 506(i), 294(b), 201 IPC and

Section 4 of Women Harassment Act and Section 67E, 67, 67A of IT Act.

The case of prosecution is that the petitioner and his own son had hatched into the criminal conspiracy and caused disappearance of the evidence of the case. Hence the charge. The learned counsel for the petitioner stated in the petition that the petitioner is a senior citizen and based on the extra judicial confession he has been roped in as one of the assailants in this case. On 30.06.2020 he has been forcibly abducted from his house by five known persons including two women headed by

Inspector of Police namely Shanthi attached to the respondent police. While he waas in custody that on 19.08.2020 he was formally arrested by the respondent police at the Palayamkottai Central Prison. The prime accused has been enlarged on bail vide

Crl.M.P.No.2874/2020 dated 14.08.2020. The petitioner is suffering from Covid-19 and now he is in very serious condition at Kanyakumari Government Hospital and to take better treatment in a private hospital and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the present petitioner is having specific overt act of tampering the evidences and had hid them. The defacto complainant is a doctor whereas the accused person is a notorious criminal. As far as this case is concerned, in the semblance of love affair, the accused person had asked the defacto complainant to send her disrobed pictures. As and when the defacto complainant refused to do the same, the accused person had blackmailed her with the endurance of their relationship and constrained her to send the same. On several occasions, the accused person had used the defacto complainant’s unclad photos and videos as trump card to extract money from the defacto complainant.

(Total of Rs.6,60,000/-). Just because the defacto complainant got exhausted and refrained from sending money, the accused person had sent her nude photos and videos to his friends and started blackmailing through them. In order to defame the reputation of the defacto complainant, the accused person had also posted her unclad photos and videos in Instagram using a fake account. For the very first time this defacto complainant had come up with this complaint against the accused persons, and the same had unshackled the other victims of the accused persons and now that complainants against the accused person is flooding day by day. Also, upon investigation several other truths have been elicited, and forensic reports of examination of the accused person’s laptop and mobile phone has not been received.

Discrete enquiry has to be conducted. With no doubt there is high possibility for tampering the witnesses and to refrain the other victims to come forward.

Investigation is in premature stage. The present petitioner had also involved in one another case and as far as this case is concerned, the present petitioner had been arrested only on 19.08.2020 through PT warrant and it is too early to consider this application. As far as the petitioner’s concern regarding transferring him to private hospital is concerned, since the government hospitals are the most efficient /the best one in treating COVID patients, the said plea can't be entertained. In these days,

Crime against women has increased and the same must be curbed. It is pertinent to note that, this case is a Sensational one in Tamil Nadu. Considering the possibility of further occurrence and the factual matrix of the case, he has serious objection.

Considering the nature of the offences alleged to be committed by the petitioner/accused and also considering the objection of the learned Public Prosecutor that the forensic reports of the examination of the accused lap top and mobile phone has yet to be received and discrete enquiry has to be conducted, at the stage if the petitioner/accused is released on bail, there is a possibility for tampering the witnesses and to refrain the other victims to come forward and the investigation is in premature stage, this court is not inclined to grant 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 24th day of September, 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.

Thursday, the 24th day of September, 2020.

Crl.M.P. No. 3779/2020

Suresh, S/o. Vallinayagam (A2) : Petitioner /Vs./ Inspector of Police, CBCID, Nagercoil, Crime No. 4/2015 of CBCID, Nagercoil, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru G. Selestine, u/s 439 Cr.P.C., praying to grant bail to the petitioner.

ORDER Perused the petition and written objection submitted by the learned Public Prosecutor. The petitioner has been charged for the offence u/s 120(B), 302, 379,

201, r/w 109 IPC .

The learned counsel for the petitioner stated in the petition that the petitioner has not committed any offence as alleged by the prosecution. At first FIR was registered before the Aralvaimozhy Police Station in Crime No. 467/2014.

Thereafter this case was transferred to CBCID vide Order of Hon'ble Madurai

Bench of Madras High Court in Crl.O.P.(MD) No. 6011 and 6012/2015 dated

18.06.2015 and ADGP, CBCID, Chennai proceedings vide R.C.No. C1/410/011012/2015 dated: 07.07.2015. The petitioner was already enquired by the then Inspector of Police of concerned police station. More over Judicial confession statement u/s 164 Cr.P.C. was also recorded before the Judicial Magistrate dated

30.01.2015 from this petitioner. Hence non co-operation of investigation is false and only created for the purpose of investigation. Only after co-operating the investigation, the petitioner went to abroad on 11.02.2015 after so many days from the date of alleged occurrence. While returning he was arrested at

Thiruvananthapuram Airport on 01.09.2020. Because of LOC (Lockout Circular) raised against the petitioner his passport was already retained by the competent authority in Thiruvananthapuram Airport. The 1st accused was already released on bail. The petitioner is in judicial custody from 01.09.2020 and this is the 2nd bail petition and the earlier petition in Crl.M.P.No. 3563/2020 was dismissed by this court on 10.06.2020. The investigation is almost over and the petitioner is ready to abide by any condition and prayed for bail to the petitioner.

LOC. Now that the present petitioner had been taken on police custody and as on date investigation is going on. It is too early to consider this application. Since the present petitioner was absconding for 5 years and the investigating is in premature stage.

Discrete enquiry needs to be conducted. Earlier application was dismissed only on

10.09.2020 in Crl.M.P.No. 3563/2020 and there is no change in circumstances.

Considering the nature and gravity of the offence, he has serious objection. Considering the grievous nature of the offence alleged to be committed by the petitioner/accused that he involved in a case of tribple murder and also considering the objection of the learned Public Prosecutor that after committing the crime the petitioner/accused escaped to abroad, now he was arrested only on

01.09.2020 by issuing LOC and the investigation is in premature stage for the reason that the petitioner/accused was absconding for the past five years and the earlier application was dismissed only on 10.09.2020 in Crl.M.P.No.3563/2020 and there is no change in circumstances, this court is not inclined to grant 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 24th day of September, 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.

Thursday, the 24th day of September, 2020.

Crl.M.P. No. 3780/2020

Suresh, S/o. Vallinayagam (A2) : Petitioner

/Vs./

Inspector of Police, CBCID, Nagercoil, Crime No. 3/2015 of CBCID, Nagercoil, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru G. Selestine, u/s 439 Cr.P.C., praying to grant bail to the petitioner.

ORDER Perused the petition and written objection submitted by the learned Public Prosecutor. The petitioner has been charged for the offence u/s 120(B), 302, 380,

201, r/w 109 IPC .

Thereafter this case was transferred to CBCID vide Order of Hon'ble Madurai

Bench of Madras High Court in Crl.O.P.(MD) No. 6011 and 6012/2015 dated 18.06.2015 and ADGP, CBCID, Chennai proceedings vide R.C.No.

C1/410/011012/2015 dated: 07.07.2015. The petitioner was already enquired by the then Inspector of Police of concerned police station. More over Judicial confession statement u/s 164 Cr.P.C. was also recorded before the Judicial Magistrate dated

Thiruvananthapuram Airport on 01.09.2020. Because of LOC (Lockout Circular) raised against the petitioner his passport was already retained by the competent authority in Thiruvananthapuram Airport. The 1st accused was already released on bail. The petitioner is in judicial custody from 01.09.2020 and this is the 2nd bail petition and the earlier petition in Crl.M.P.No. 3564/2020 was dismissed by this court on 10.06.2020. The investigation is almost over and the petitioner is ready to abide by any condition and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that it is a case of triple murder. Soon after committing this crime, the accused person escaped to abroad and now that the present petitioner was arrested only on 01.09.2020 by issuing LOC. Now that the present petitioner had been taken on police custody and as on date investigation is going on. It is too early to consider this application. Since the present petitioner was absconding for 5 years and the investigating is in premature stage. Discrete enquiry needs to be conducted. Earlier application was dismissed only on 10.09.2020 in Crl.M.P.No. 3564/2020 and there is no change in circumstances. Considering the nature and gravity of the offence, he has serious objection.

Considering the grievous nature of the offence alleged to be committed by the petitioner/accused that he involved in a case of tribple murder and also considering the objection of the learned Public Prosecutor that after committing the crime the petitioner/accused escaped to abroad, now he was arrested only on

01.09.2020 by issuing LOC and the investigation is in premature stage for the reason that the petitioner/accused was absconding for the past five years and the earlier application was dismissed only on 10.09.2020 in Crl.M.P.No.3564/2020 and there is no change in circumstances, this court is not inclined to grant 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 24th day of September, 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.

Thursday the 24th day of September, 2020. Crl.M.P. No. 3797/2020

Subin, S/o. Subi (A2) : Petitioner

/Vs./ Inspector of Police, Kollencode Police Station, Crime No. 704/2020 of Kollencode Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru C. Jeffino, u/s 439 Cr.P.C. praying to grant bail to the petitioner. ORDER

Perused the petition and written submission of learned Public

Prosecutor.

The petitioner has been charged for the offences u/s 294(b), 323, 307,

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

The case of the prosecution is that the petitioner along with three other accused used filthy words against the defacto complainant, caused hurt to him and threatened him. Hence the charge.

The learned counsel for the petitioner stated in the petition that there was a money dispute between one Rajinikanth, who is the neighbour of defacto complainant and A4 in this crime and on 02.09.2020 a wordy altercation took place between them and at that time the defacto complainant in an intoxicated state came there and tried to beat the A4, fell down and caused hurt himself and nothing took place as alleged in the FIR and the respondent police falsely implicated the petitioner and arrested him and he has not committed any offence as alleged in the FIR and the petitioner is innocent and he is in judicial custody from 02.09.2020 onwards and the injured was discharged from hospital. The petitioner has various ailment and on

11.09.2020 he was admitted to Asaripallam Medical College hospital as an inpatient by jail authorities due to ill health and he is still in hospital and if he is kept in the custody for a prolong period, it will cause huge threat to his life. This is the 2nd bail petition and the earlier petition in Crl.M.P.No.3692/2020 was dismissed by this court on 17.09.2020 on the ground that the petitioner is having four previous cases. In fact the petitioner is not having four previous cases, he had only one previous case and he was acquitted in that case and the petitioner is ready to abide by any condition and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the present petitioners are A1and A2. Just because the present petitioners were assaulting one of his neighbour, and the defacto complainant tried to pacify the quarrel between them, the present petitioners had inhumanly assaulted the defcato complainant and infected injuries on his head using knife. A2 is having 4 previous cases. Earlier application was dismissed only on 17.09.2020 in Crl.M.P.No. 3692/2020 and there is no change in circumstances. Even though the injured person has been discharged from hospital, considering the antecedents of the accused persons, nature and gravity of the offence, he has serious objection.

Considering the grievous nature of the offence alleged to be committed by the petitioner/accused that he assaulted the defacto complainant and inflicted injuries on his head by using a knife and also considering the objection of the learned

Public Prosecutor that the petitioner/A2 is having four previous cases and the earlier application was dismissedl only on 17.09.2020 in Crl.M.P.No.3692/2020 and there is no change in circumstances, this court is not inclined to grant 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 24th day of September, 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.

Thursday the 24h day of September, 2020. Crl.M.P. No. 3798/2020

Rakul Prakash @ Rakul Prakash Kumaraswamy, S/o. Chandrababu (A4) : Petitioner

/Vs./ Sub Inspector of Police, Boothapandy Police Station, Crime No. 333/2020 of Boothapandy Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru K.S.Palani, u/s 439 Cr.P.C. praying to grant bail to the petitioner.

ORDER

Perused the petition and written submission of learned Public

Prosecutor.

The case of the prosecution is that the petitioner and his friends were planned to commit dacoity. Hence the charge.

The learned counsel for the petitioner stated in the petition that the petitioner is a student studying 2nd year Diploma at Government Polytechnic College,

Konam and he was arrested on 06.09.2020 for Crime No.498/2020 at Aralvaimozhy

Police and at the time of remand the Judicial Magistrate, Boothapandy released the petitioner on bail with condition that on 07.09.2020 the accused will be produced sureties. But the police persons went to the Boothapandy Police Station, lodged new put up case and on 07.09.2020 the petitioner was remanded and more than twelve days he is under judicial custody. This is the 2nd bail application and the earlier application in Crl.M.P.No. 3648/2020 was dismissed on 17.09.2020 and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that on

04.09.2020 the accused persons had involved in preparation for committing dacoity.

Investigation is in premature stage and it is too early to consider this application. In order to curtail the accused persons from committing further occurrence, custodial interrogation is essential. Earlier application was dismissed only on 17.09.2020 in

Crl.M.P.No. 3648/2020 and there is no change in circumstances. Considering the nature of offence, he has serious objection.

Considering the grievous nature of the offence alleged to be committed by the petitioner/accused that he involved in preparation for committing dacoity and also considering the objection of the learned Public Prosecutor that the investigation is in premature stage and custodial interrogation is essential for investigation and the earlier application was dismissed only on 17.09.2020 in Crl.M.P.No. 3648/2020 and there is no change in circumstances, this court is not inclined to grant 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 24th day of September, 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. Thursday the 24th day of September, 2020.

Crl.M.P. No. 3816/2020

Prithan S/o. Selvam (A3) : Petitioner

/Vs./

Sub Inspector of Police, Puthukadai Police Station, Crime No. 80/2020 of Puthukadai Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru M. Palraj. praying to extension of time to appear before the concerned court. ORDER

Perused the petition and written objection submitted by the learned

Public Prosecutor.

Offences alleged u/s 452, 294(b), 324 and 506(ii) IPC.

The learned counsel for the petitioner stated in the petition that the petitioner was granted anticipatory bail as per order in Crl.M.P.No. 1721/2020, dated

21.05.2020 with condition that the petitioner shall appear before the court concerned within a period of 30 days from the date of order and due to COVID-19 lockdown,, the petitioner could not able to appear before the court concerned within the time stipulated and prayed for extension of time to appear. The learned Public Prosecutor stated in the written submission that it is a mere application for extension of time and no serious objection.

Considering the reasons stated in the petition and also considering the reply of the learned Public Prosecutor that he has no serious objection, this court is inclined to extend one week time and this court directs the petitioner to appear before the court concerned within one week from today, failing which the anticipatory bail stands cancelled automatically and accordingly this petition is allowed.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/-S. Arulmurugan Principal Sessions Judge.

To The Judicial Magistrate No.II, Kuzhithurai. The Sub Inspector of Police, PuthukadaiPolice Station.

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

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Thursday the 24th day of September, 2020.

Crl.M.P. No. 3817/2020

1. Ban Ruban @ Ruban, S/o. Appadurai (A1) 2. Sembattai Ramesh @ Rameshkumar, S/o Thangapandi (A2) ..Petitioners

/Vs./

Sub Inspector of Police, Kottar Police Station, Crime No.665/2020 of Kottar Police Station, Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru A. Rajesh, praying to extension of time to appear before the concerned court. ORDER

Perused the petition and written submission submitted by the learned

Public Prosecutor.

Offences alleged u/s 294(b), 323, 324 and 506(ii) IPC.

The learned counsel for the petitioners stated in the petition that the petitioners were granted anticipatory bail as per order in Crl.M.P.No. 1803/2020, dated 01.06.2020 with condition that the petitioners should appear before the court concerned within 30 days from the date of order and due to Covid-19 pandemic, the petitioners were unable to appear before the court concerned within the time stipulated and prayed for extension of time to appear. The learned Public Prosecutor stated in the written submission that it is a mere application for extension of time and he has no serious objection.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/-S. Arulmurugan Principal Sessions Judge.

To The Judicial Magistrate No.II, Nagercoil. The Sub Inspector of Police, Kottar Police Station.

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

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Thursday the 24th day of September, 2020.

Crl.M.P. No. 3818/2020

1. Arul, S/o. Arumugaperumal (A2) 2. Balakrishnan, S/o. Dhasan (A3) 3. Kannan, S/o. Nagalingam (A5) 4. Muthulingam, S/o. Suyambu (A6) 5. Jeba Anand, S/o. Dharmaraj (A7) .. Petitioners

/Vs./ Sub Inspector of Police, Manavalakurichi Police Station, Crime No.10/2020 of Manavalakurichi Police Station, Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru T. Sivakumar, praying to extension of time to appear before the concerned court. ORDER

Perused the petition and written submission submitted by the learned

Public Prosecutor.

Offences alleged u/s 147, 452, 294(b), 323, 506(i) IPC and Section 4 of

TNPHW Act.

The learned counsel for the petitioners stated in the petition that the petitioners were granted anticipatory bail as per order in Crl.M.P.No. 462/2020, dated 30.01.2020 with condition that the petitioners should appear before the court concerned within 15 days from the date of order and due to non availability of sureties, the petitioners were unable to appear before the court concerned within the time stipulated and prayed for extension of time to appear.

The learned Public Prosecutor stated in the written submission that it is a mere application for extension of time and he has no serious objection.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/-S. Arulmurugan Principal Sessions Judge.

To The Judicial Magistrate, Eraniel. The Sub Inspector of Police, Manavalakurichy Police Station.

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

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Thursday the 24th day of September, 2020.

Crl.M.P. No. 3819/2020

R. Gayathri, W/o. Ganeshan .. Petitioner

/Vs./

Inspector of Police, Vadasery Police Station, Crime No. 489/2020 of Vadasery Police Station, Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru N. Babu Rajan, u/s 439 Cr.P.C. praying to grant bail to the petitioner.

ORDER

Perused the petition and written objection of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 307 IPC.

The learned counsel for the petitioner stated in the petition that the petitioner is innocent of the offence alleged against her and due to COVID 19 epidemic corona virus may cause containment are affect life. The petitioner is in judicial custody from 13.08.2020 and she is ready to abide by any condition and prayed for bail to the petitioner. The learned Public Prosecutor stated in the written objection that the present petitioner is A2. (Wife of the injured person) and the defacto complainant is the brother of the injured person. A2 had involved in illicit relationship with A1.

Since the injured person(husband of A2) questioned A2 regarding her illicit relationship and for pledging their house and giving Rs.10 Lakhs to A1, the accused persons had arranged paid collies for murdering A2’s husband and thereby brutally assaulted him. Considering the involvement of paid collies in this crime, discrete enquiry needs to be conducted. The present petitioner had been arrested only on

13.08.2020 and it is too early to consider this application. A1(prime accused) is still absconding who’s custodial interrogation is essential. Earlier application in

Crl.M.P.No. 3256/2020 was dismissed only on 24.08.2020 and there is no change in circumstances and co-accused application in Crl.M.P.No. 3306/2020 was also dismissed by this court. Now with a shift in the society pertaining to the illicit relationships, it has become unsafe for the innocent husbands to cohabit with ones who are involved illicit relationship. Even though injured has been discharged from hospital, considering the nature of offence, he has serious objection.

Considering the grievous nature of the offence alleged to be committed by the petitioner/A2 that along with A1 attempted to murder her husband by arranging paid coolies and brutally assaulted him and also considering the objection of the learned Public Prosecutor that the custodial interrogation is essential and the earlier application was dismissed only on 24.08.2020 in Crl.M.P.No. 3256/2020 and there is no change in circumstances and also considering the fact that the 1st accused is still absconding, this court is not inclined to grant bail to the petitioner/A2. Hence this petition is dismissed.

In the result, this petition is dismissed.

Pronounced by me in open court this the 24th day of September, 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. Thursday the 24th day of September, 2020. Crl.M.P. No. 3820/2020 Siva Muthukumar @ Jeya Siva, S/o. Jeyaraj : Petitioner

/Vs./ Sub Inspector of Police, Vadasery Police Station, Crime No. 532/2020 of Vadasery Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru M.Viswarajan, u/s 439 Cr.P.C. praying to grant bail to the petitioner.

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 294(b), 332 and 307 of IPC.

The case of the prosecution is that on 09.09.2020 at about 9.30 P.M., when the defacto complainant was on vehicle check up near Manimedai Ganesh

Sankar Petrol Bulk, he noticed the crowd and went near the Bulk and saw that the accused filled petrol in his bike bearing Reg.No. TN72 R 9966 and the accused refused to pay the money for the petrol and the defacto complainant went near the accused and asked the details, he suddenly noticed that the defacto complainant already saw the face of the accused in the police whats app group and asked you are the accused in a crime in Panagudi Police Station and he asked the name of the accused. Suddenly the petitioner used filthy language and hit the defacto complainant on ground and threatened him and escaped from the place in his bike.

Hence the charge.

The learned counsel for the petitioner stated in the petition that the petitioner is innocent and he has been falsely implicated in this crime. The petitioner is a mentally disorder person and he is taking treatment in Government Medical

College Hospital at Asaripallam. The petitioner wants to take treatment in the hospital for his mental disorder. The petitioner got anticipatory bail in Cr.No. 360/2020 of

Panagudi Police Station as per Crl.M.P.No. 4931/2020 of Tiunelveli District Court on

16.09.2020. The petitioner is in judicial custody from 11.09.2020 and he is ready to abide by any condition and prayed for bail to the petitioner.

The learned Public Prosecutor submitted the written objection and stated that the accused person had been arrested only on 11.09.2020 and it is too early to consider this application. The accused person is a mentally retarded person and is now undertaking treatment for the same in Hospital. The accused person is having 2 previous cases. In the event of considering this application, there is possibility for the accused person to escape from getting treatment. Therefore, this application may not be entertained in the due course of his treatment.

Considering the nature of the offence alleged to be committed by the petitioner/accused that the petitioner/accused is a mentally retarded person and now he is taking treatment for the same in the Government Hospital and the petitioner/ accused is also having two previous cases, if the petitioner/accused is released on bail, he will escape from getting treatment, this court is not inclined to grant 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 24th day of September, 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. Thursday the 24th day of September, 2020. Crl.M.P. No. 3821/2020 Antony Ragul, S/o. Sahayam (A2) : Petitioner

/Vs./ Sub Inspector of Police, Eraniel Police Station, Crime No. 502/2020 of Eraniel Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru M. Beslin Jagadheese, u/s 439

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

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 294(b), 307 and

506(ii) IPC.

The case of the prosecution is that on13.06.2020 at about 10.00 A.M., while the informant was standing near at Chettiyarmadam Junction, the petitioner came there and used filthy words against him. Subsequently the petitioner assaulted the informant with knife. The informant narrowly escaped from the assault and thereby the informant has not sustained any injury. When the informant shouted loudly, the petitioner criminally intimidated the informant. Hence the charge. The learned counsel for the petitioner stated in the petition that the petitioner is innocent and he has not involved in any offences so far. The petitioner has no previous case and due to the alleged occurrence, no one was injured or admitted in the hospital. The petitioner is no way connected with the case and he is under judicial custody from 13.06.2020 and he is ready to abide by any condition and prayed for bail to the petitioner.

The learned Public Prosecutor submitted the written objection and stated that it is a case of 307 IPC. The present petitioner is A2 and was arrested on

13.06.2020. A2 is having 8 previous cases. Also, the accused person had been detained under Goondas Act (PD No.17/20). Considering the nature and gravity of offence and the antecedents of the accused person, he has serious objection.

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

Prosecutor that the petitioner/accused is having eight previous cases and he had detained under Goondas Act in PD No.17/2020, this court is not inclined to grant 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 24th day of September, 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.

Thursday the 24th day of September, 2020. Crl.M.P. No. 3822/2020

Kannan S/o. Ponnaiya : Petitioner /Vs./ Sub Inspector of Police, Suchindrum Police Station, Crime No. 618/2020 of Suchindrum Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru S. Jany, u/s 439 Cr.P.C. praying to grant bail to the petitioner.

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 392 of IPC.

The case of the prosecution is that on 02.07.2020 at about 12.30 P.M., while the informant along with his wife was on the way to return his home in his bike near S.V. Tiffin Centre at Kakkamoor Junction, two unknown persons came in a pulser bike and snatched 12 1/2 sovereigns of thali chain of his wife from her neck,

Hence the charge.

The learned counsel for the petitioner stated in the petition that there is no connection with the offence alleged in the FIR and in Crime No.303/2020 of

Rajakkamangalam Police Station, the petitioner was arrested on 19.07.2020 and is in judicial custody from that date onwards and the respondent police falsely implicated the petitioner as an accused in this case without investigating the matter properly and the investigation is almost over. This is the 2nd bail petition and the earlier petition in

Crl.M.P.No. 3627/2020 was dismissed by this court on 14.09.2020 and the case property was seized by the police and the petitioner is ready to abide by any condition and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written objection that the present petitioner had not been arrested in crime No.618/2020 and therefore this petition is not maintainable. Earlier application was dismissed only on 14.09.2020 in

Crl.M.P.No. 3627/1010 and there is no change in circumstances.

Considering the objection of the learned Public Prosecutor that the petitioner had not been arrested in crime No.618/2020 and this petition is not maintainable, this court is not inclined to grant bail to the petitioner/accused. Hence this petition is dismissed as not maintainable.

In the result, this petition is dismissed as not maintainable.

Pronounced by me in open court this the 24th day of September, 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.

Thursday the 24th day of September, 2020.

Crl.M.P. No. 3829/2020

Pravin Antony, S/o. Varuvel : Petitioner

/Vs./

Sub Inspector of Police, Karungal Police Station, Crime No. 203/2020 of Karungal Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru M. Beslin Jagadheese, u/s 439

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

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 188 IPC and Section

4(1)(aaa), 4(1) (g) and 14-A of Tamil Nadu Prohibition Act @ u/s 4(1-A), 4(1)(aaa),

4(1) (g) and 14-A of Tamil Nadu Prohibition Act.

The learned counsel for the petitioner stated in the petition that the petitioner was granted interim bail in Crl.M.P.No. 1747/2020 dated 26.05.2020 with condition that the petitioner has to move regular bail within a period of 30 days from the date of release. Due to Covid-19 pandemic the petitioner was unable to move regular bail within the stipulated time and subsequently the petitioner filed petition for extension of time in Crl.M.P. No.3559/2020 and it was was allowed on

10.09.2020 by granting one week time and prayed for bail to the petitioner.

The learned Public Prosecutor stated in the written submission that bail and extension of time was granted to the present petitioner on 26.05.2020 in

Crl.M.P.No. 1747/2020 and on 10.09.2020 in Crl.M.P.No.3559/2020 respectively and now the petitioner had moved for regular bail.

Considering the fact that the petitioner was already granted interim bail on 26.05.2020 in Crl.M.P.No.1747/2020 and the reasons for granting interim bail to the petitioner/accused is applicable to this petition also and the learned Public

Prosecutor did not raise any serious objection, this court is inclined to grant bail to the petitioner.

In the result, the petitioner is ordered to be enlarged on 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, Eraniel within one month from today and accordingly this petition is allowed.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge.

To The Judicial Magistrate, Eraniel. The Sub Inspector of Police, Karungal 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. Thursday the 24th day of September, 2020.

Crl.M.P. No. 3833/2020

Pavithran S/o. Manokaran (A5) : Petitioner

/Vs./

Sub Inspector of Police, Anjugramam Police Station, Crime No. 412/2020 of Anjugramam Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru C. Ashok Kumar. praying to extension of time to appear before the concerned court.

ORDER

Perused the petition and written objection submitted by the learned

Public Prosecutor.

Offences alleged u/s 147, 148, 341, 294(b), 323, 324 and 506(ii) IPC.

The learned counsel for the petitioner stated in the petition that the petitioner was granted anticipatory bail as per order in Crl.M.P.No.2365/2020, dated

30.06.2020 with condition and subsequently the time was extended as per order in

Crl.M.P. No.3070/2020, dated 06.08.2020 and the petitioner was surrendered before the lower court and due to typographical error in his name, the surrender was not accepted. The petitioner again filed an application for extension of time in Crl.M.P. No.3456/2020 and the same was allowed on 04.09.2020 by extending 7 days time and he filed correction memo for all the three orders in Crl.M.P.Nos.2365/2020,

3070/2020 and 3456/2020 and all orders were corrected on 11.09.2020 and in the meanwhile due to COVID-19 outbreak, the extension period has been expired and the petitioner was unable to appear before the court concerned within the time stipulated and prayed for extension of time 15 days in order to surrender before the lower court.

The learned Public Prosecutor stated in the written submission that it is a mere application for extension of time and no serious objection.

Considering the reasons stated in the petition and also considering the reply of the learned Public Prosecutor that he has no serious objection, this court is inclined to extend one week time and this court directs the petitioner to appear before the court concerned within one week from today and hereafter there may not be any extension for complying the condition and accordingly this petition is allowed.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/-S. Arulmurugan, Principal Sessions Judge.

To The Judicial Magistrate No.III, Nagercoil. The Sub Inspector of Police, Anjugramam Police Station.

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

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

Thursday, the 24th day of September, 2020.

Crl.M.P. No.3836/2020

M. Devadhasan, S/o Muthaiah : Petitioner

/Vs./ Sub Inspector of Police, South Thamaraikulam Police Station, Crime No. 55/2019 of South Thamaraikulam Police Station, Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru A.K.E. Appaji, praying to condone the non compliance of condition imposed on the petitioner previously.

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

Offences alleged u/s 324 and 506(ii) IPC

The petitioner was granted anticipatory bail in Crl.M.P. No. 1984/2019, dated 23.05.2019 with condition that the petitioner should appear and sign before the respondent police daily at 10.00 A.M. until further orders.

The learned counsel for the petitioner submitted that the petitioner is a senior citizen and he was suffering from severe back pain disease. Moreover the respondent police station is situated in the locality of his wife and he had life threat at the hands of the defacto complainant and her family members. Due to illness, he could not comply the condition imposed in Crl.M.P.No.1984/2019 dated 23.05.2019.

On 10.03.2020 the petitioner had moved before the Hon'ble Madurai Bench of

Madras High Court to set aside the condition imposed in Crl.M.P.No. 1984/2019, later it was withdrawn by the petitioner on 18.03.2020 as per the instruction of the

Hon'ble High Court that to file a modification petition before the concern court.

Subsequently he filed modification petition before this court on 20.03.2020 and it was taken on file as Crl.M.P. No.1356/2020 and on 13.08.2020, the condition was modified to report before the Judicial Magistrate No.I, Kuzhithurai. The petitioner had been taken treatment for his back pain, he was unable to follow the above

Crl.M.P. 1356/2020 filed in the month of March 2020 till its disposal. After recovery, on 09.09.2020 he came to know about the modification order passed in

Crl.M.P. No.1356/2020, dated 13.08.2020. So, on 10.09.2020, the petitioner appeared before the Judicial Magistrate No.I, Kuzhithurai to comply the above condition, the Magistrate not allowed the petitioner to comply the condition and advised him to get an order from the concerned court by condoning the absence from

14.08.2020 to till date. Therefore he filed this petition and prayed to condone the non compliance of condition.

The learned Public Prosecutor stated in the written submission that it is a mere condone petition and for consideration of this petition, the records from Judicial

Magistrate No.I, Kuzhithurai may be called for.

Considering the medical certificate, this court is inclined to condone the absence the petitioner from 14.08.2020 to till date and the petitioner is directed to comply the condition without any deviation hereafter. In the result, the absence of the petitioner from 14.08.2020 to till date is condoned and the petitioner is directed to comply the condition without any deviation hereafter and accordingly this petition is allowed.

Pronounced by me in open court this the 24th day of September, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge. To The Judicial Magistrate No.III, Nagercoil. The Judicial Magistrate No.I, Kuzhithurai. The Sub Inspector of Police, South Thamaraikulam Police Station.