Vikas Nair v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Vikas Nair ... Petitioner / Petitioner Vs.
State of Tamil Nadu, The Inspector of Police, Arumanai Police, Kanyakumari District.
...Respondent / Respondent
PRAYER: Criminal Original Petition is filed under Section 483(1)(B) r/w 328 of BNSS to set aside the order passed in Crl.M.P.No.2666 of 2024 dated 21.06.2024 and relax the condition No.2 made in Crl.M.P.No.2409 of 2024 dated 04.06.2024 before the learned Principal Sessions Judge, Kanyakumari at Nagercoil. For Petitioner : Mr.N.S.Ramakrishna Dass, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side)
ORDER
This Petition has been filed under Section 483(1)(B) r/w 328 of the Bharatiya Nagarik Suraksha Sanhita, BNSS, 2023 praying to set aside the order passed in Crl.M.P.No.2666 of 2024 dated 21.06.2024 and relax condition No.2 made in the pre1/3
arrest bail order passed by the learned Principal Sessions Judge, Kanyakumari at Nagercoil in Crl.M.P.No.2409 of 2024 dated 04.06.2024.
2. Mr.N.S.Ramkrishna Dass, learned counsel appearing for the petitioner, submits that, the petitioner is working as a Marine Engineer in a Company and he can return to the home once every two years. Hence, he is unable to comply with the condition imposed by the learned Principal Sessions Judge, Kanyakumari at Nagercoil in Crl.M.P.No.2409 of 2024 dated 04.06.2024. Therefore, he prays to allow this petition.
3. Mr.SS.Manoj, learned Government Advocate (Criminal Side) appearing for the respondent-Police, on instructions, submits that the respondent-Police has registered a case against the petitioner and two others in Crime No.15 of 2024 on the file of the All Women Police Station, Marthandam. He further submits that the investigation has been completed and the respondent Police has filed a charge sheet before the concerned Court.
4. In view of the facts and circumstances of the case and the fact that the petitioner is working as a Marine Engineer, this Court is of the considered view that 2/3
condition No.2 imposed by the learned Principal Sessions Judge, Kanyakumari District in the pre-arrest bail dated 04.06.2024 made in Crl.M.P.No.2409 of 2024 is liable to be relaxed and is accordingly relaxed. The other conditions shall hold good.
5. Accordingly, this Criminal Original Petition stands allowed. sd/- 18/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG To 1.The Principal Sessions Judge, Kanyakumari at Nagercoil. 2.The Inspector of Police, Arumanai Police, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.2964 of 2025 Date :18/02/2025 RK/SKN (27/02/2025) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3