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

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In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil. Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge. Tuesday the 7th day of July, 2020. Crl.M.P. No. 2427/2020 Jaffline, W/o Karki (A2) : Petitioner /Vs./ Inspector of Police, Nithiravilai Police Station, Crime No. 266/2020 of Nithiravilai Police Station, Rep. by P.P. Nagercoil. : Respondent This petition is filed by Advocate G. Parimalam, u/s 439 Cr.P.C. praying to grant bail to the petitioner. ORDER Perused the petition filed by the petitioners through online and written submission of the learned Public Prosecutor. The petitioners have been charged for the offence u/s 174 Cr.P.C. @ 302 IPC. The case of the prosecution is that the petitioner is the wife of the deceased and the 1st accused is the brother and 3rd accused is the father of the petitioner. The petitioner and the deceased had a love marriage and settled at the house of the petitioner at Thuthoor. Thereafter the petitioner left the matrimonial home on 16.05.2020 and on 18.05.2020 the petitioner went to the house of the deceased, beaten with sticks and hands and caused injuries. Hence the charge. The learned counsel for the petitioner stated in the petition filed through online that the petitioner is innocent and the deceased is said to be a drunkard having strong criminal background in that area and there is no eye witness for the occurrence. The petitioner was arrested and is in judicial custody from 20.05.2020. The petitioner is a lady having two children aged about 4 and 9 respectively and now the children are alone without any motherhood support. The petitioner has been falsely implicated by the police only to convince the agitated relatives of the deceased. Due to matrimonial fued, the petitioner lost her husband and also her children are deprived of care in a critical time of corona and she is in custory for more than 41 days and this is the 2nd bail petition and the earlier petition in Crl.M.P.No. 2241/2020 was dismissed by this court on 22.06.2020 and the petitioner 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 present petitioner is A2 and A2 is the wife of the deceased person and due to family dispute, the accused persons had tied both the hands of the deceased person, had brutally assaulted him using stick, iron rod, leg and murdered him. The deceased person hails from Chennai, as and when A2 was studying MBA in Chennai both had fallen in love and had got married and the deceased person is having no criminal background as stated in the petition. Moreover, there are 3 eye witnesses and having said so, the petitioner's plea in last 4 lines of para 7 of the petition is highly condemnable. With the mere reliance to the fact that the deceased person cannot oppose such frivolous pleas, such misleading plea have been made boldly before this court and the same shall not be entertained. It is a very recent case and the accused person has been arrested only on 20.05.2020, therefore it is too early to consider this application. Originally the case was registered u/s 174 of Cr.P.C. and subsequently it was altered to Sec. 302 of IPC. Forensic science report has not yet been received. Discrete enquiry need to be done and investigation is in premature stage. Earlier application in Crl.M.P. No.2241/2020 has been dismissed only on 22.06.2020 and there is no change in circumstances. Nowadays such crimes have started to raise and it has become unsafe for the husband and considering the nature and gravity of the offence, he has serious objection to grant bail to the petitioner. Considering the fact that the petitioner/A2 is in judicial custody for the past 47 days and also considering the fact that the alleged occurrence is taken place on 18.05.2020 and by this time, the major portion of the investigation would have been completed and also considering the contention of the learned counsel for the petitioner/A2 that she is having two children aged about 4 and 9 respectively and during this critical COVID-19 situation, the children need the care and protection of their mother, this court is inclined to grant bail to the petitioner. In the result, the petitioner is ordered to be enlarged on bail on her 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, Kuzhithurai within one month from today and accordingly this petition is allowed. Pronounced by me in open court this the 7th day of July, 2020. Sd/- S. Arulmurugan, Principal Sessions Judge. To The Judicial Magistrate No.II, Kuzhithurai. The Inspector of Police, Nithiravilai Police Station. The Superintendent, Sub Jail, Thuckalay. 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. Tuesday, the 7th day of July, 2020. Crl.M.P. No. 2431/2020 Karthick S/o. Murugan .. Petitioner /Vs./ Sub Inspector of Police, Eraniel Police Station, Crime No.504/2020 of Eraniel Police Station. Rep. by P.P. Nagercoil. .. Respondent This petition is filed by Advocate Y. Nalany Chellam, 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), 341 and 395 of IPC. The case of prosecution is that on 14.06.2020 at about 7.30 P.M., while the informant was going near Asarivilai Road at Arasamudu, to give Rs.60,000/- for purchased bricks, the accused restrained the informant and uttere filthy words and pushed him down from the bike and one of the accused taken his bike key and also taken Rs.60,000/- which was kept in his shirt pocket and threatened him. Hence the charge. The learned counsel for the petitioner stated in the petition filed through online that the confession given by arrested accused, the name of the petitioner has been implicated and as per the confession, Rs.5,000/- has been recovered from them and remaining Rs.55,000/- is with one of the other absconding accused and the petitioner has not involved in the theft and he is an ill health person and he is innocent and he is in no way connected with the commission of the offence and the petitioner is ready to abide by any condition and prayed for anticipatory bail to the petitioner. It is stated in the written submission of the learned Public Prosecutor that the accused persons had restrained the defacto complainant, used foul language, threatened, assaulted and had robbed Rs.60,000/- and the property has not yet been recovered and since it is a case of 395 IPC, 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 robbed Rs.60,000/- from the defacto complainant and also considering the objection of the learned Public Prosecutor that the property is yet to be recovered and custodial interrogation is essential, this court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. In the result, this petition is dismissed. Pronounced by me in open court this the 7th day of July, 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. Tuesday, the 7th day of July, 2020. Crl.M.P. No.2432/2020 Suyambulingam, S/o. Chelliah Nadar, (A1) ..Petitioner /Vs./ Sub Inspector of Police, Eathomozhy Police Station, Crime No. 5/2020 of Eathomozhy Police Station, Rep. by P.P. Nagercoil. .. Respondent This petition is filed by Advocate Thiru C. Saravanan, u/s 438 Cr.P.C., praying to grant anticipatory bail to the petitioner. ORDER Perused the petition filed through online and written objection submitted by the learned Public Prosecutor. The petitioner has been charged for the offence u/s 294(b), 323, 506(ii) of IPC The case of prosecution is that on 19.01.2020 at about 8.00 P.M., the accused persons abused the defacto complainant in filthy language and assaulted and threatened him. Hence the charge. The learned counsel for the petitioner stated in the petition filed thorugh online that it is a false case and the injured person was not admitted in the hospital and this is the 3rd application and 2nd bail application in Crl.M.P. No.2199/2020 was dismissed on 23.06.2020 and the petitioner 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 present petitioner is A1 and he is having specific overt act of brutally assaulting the defacto complainant in his head using a stick. A1 and A2 are having 6 and 7 previous cases respectively and the earlier application in Crl.M.P. No.2199/2020 has been dismissed only on 23.06.2020 and there is no change in circumstances.
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