Sajikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8078 of 2022 Sajikumar, S/o.Krishnankutty, Valiyavilai Karakadu, Veedi Cjhoozhal, Adikakuzhi Post. ... Petitioner/Accused Vs

1. The State Rep by Inspector of Police, Kollencode Police Station, Kanyakumari District.

Cr.No.80/22.

.. Respondent/Complainant

2. Jebha John, S/o.Johnrose, District Advocate Wing Organiser, DMK Kumari West District.

... Respondent/De-facto Complainant For Petitioner : Mr.M.Karthikeya Venkatachalapa, Advocate.

For R-1 : Mr.A.Thiruvadikumar, Additional Public Prosecutor For R-2 : Mr.S.C.Herold Singh PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.80/22 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 16.03.2022 for the offences punishable under Section 294(b), 153A, 499, 505(1)(b), 506(i) of IPC and Section 67 of IT Act, 2000 in Crime No.80 of 2022, on the file of the respondent police, seeks bail.

2.Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioner herein is implicated for the offences under Sections 294(b), 153A, 499, 505(1)(b), 506(i) of IPC and Section 67 of IT Act, 2000.

4.It is stated by the learned Additional Public Prosecutor, that the investigation has been completed and a final report has also been filed.

5.The learned counsel appearing for the second respondent objected that the petitioner herein had spoken derogatory words against the DMK party leader and others and therefore, does not require indulgence.

6.This Court has taken into consideration of the fact that the investigation has been completed and the final report has also been filed and therefore, there is no scope for the petitioner to interfere with the investigation. The petitioner herein is in custody from 16.03.2022 onwards.

7.In the light of the above observations, this Court is inclined to grant bail to the petitioner.

8.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kuzhithurai. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial;

(v)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/- 05/05/2022 / TRUE COPY / 05/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Judicial Magistrate No.I, Kuzhithurai.

2. Do-Through The Chief Judicial Magistrate, Kanyakumari at Nagercoil.

3. The Officer in Charge, Sub Jail, Nagercoil.

4. The Inspector of Police, Kollencode Police Station, Kanyakumari District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.8078 of 2022 Date :05/05/2022 MGJ/VRS/SAR 3(05.05.2022) 3P 6C