Sam Daniel Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.2331 of 2017 SAM DANIEL RAJ ... PETITIONER / 1st ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT, CR NO. 108 OF 2012. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.P.NARAYANAKUMAR Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.11.2016, for the offences punishable under Sections 397 of IPC., in Crime No.108 of 2012, on the file of the respondent police, seeks bail.

2. The learned counsel appearing for the petitioner states that there is a change in circumstances, after dismissal of the earlier bail application, since the case was committed to the Sessions Court and pending as S.C.No.47 of 2017 in respect of this petitioner.

3. The learned Government Advocate (crl.side) appearing for the respondent states that the case against the petitioner in P.R.C.No.3 of 2014 was committed to the Sessions Court and is pending as S.C.No.47 of 2017, before the Sessions Court, Nagercoil. Another accused in the said case in S.C.No.47 of 2017 was issued with NBW and is pending. The earlier bail application moved on behalf of this petitioner was dismissed by this Court on 16.12.2016 stating that the case is pending in PRC stage and now the case was committed to the Sessions Court and is pending as S.C.No.47 of 2017.

4. Considering the above facts and circumstances of the case and also change in circumstances of the case, after dismissal of the earlier bail application, since the case was committed to the Sessions Court and pending as S.C.No.47 of 2017, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kuzhithurai, and on further condition that:

[a] the petitioner shall report before the learned Judicial Magistrate No.II, Kuzhithurai, daily at 10.30 a.m., until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law, as if the conditions have been imposed and the petitioner 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]. sd/- 03/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 OFFICER IN CHARGE, DISTRICT JAIL, NAGERCOIL.

4 THE INSPECTOR OF POLICE PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.P.NARAYANAKUMAR Advocate SR.No.12259

ORDER

IN CRL OP(MD) No.2331 of 2017 Date :03/03/2017 AAM-CM-MSA-SAR 2/3.3.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/