Jenish @ Sahaya Jenish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.07.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Jenish @ Sahaya Jenish ... Petitioner/Accused No.7 Vs The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

In Crime No.329 of 2013 ... Respondent/Complainant For Petitioner : Mr.T.Ramar, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Cr No.329 of 2013 on the file of the respondent Police. ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in connection with the 1/5

SC.No.59 of 2014 on the file of the learned Additional Sessions Judge (Fast Track Court), Kanuakumari District at Nagercoil.

2.The petitioner, who was arrested and remanded to judicial custody on 16.09.2023 for the offences punishable under Sections 147, 148, 120(B), 341, 294(b) and 302 IPC r/w Sections 149 34 IPC in Cr.No.329 of 2013 on the file of the respondent police, seeks bail.

3.Earlier the petitioner was granted bail in Crime No.329 of 2013 and in P.R.C, stage he absconded. After filing charge sheet, as the summon could not be served upon the petitioner, the trial Court, has issued non bailable warrant in the year 2022, for appearance on him and he was arrested on 16.09.2023. 4.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 16.09.2023, hence he may be enlarged on bail.

5.The learned Additional Public Prosecutor would submit that if the petitioner 2/5

released on bail, again he will abscond and trial will not be proceeded further. Hence, he strongly opposed to grant bail.

6.Considering the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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.I, Nagercoil.

[i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/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 learned Additional Sessions Judge (Fast Track Court), Kanuakumari District at Nagercoil in all hearing dates, without fail. 3/5

[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 Judicial 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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/07/2024 / TRUE COPY / 23/07/2024 Sub-Assistant Registrar (LIASONING) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.

3.THE OFFICER IN CHARGE, SUB JAIL, NAGERCOIL 4.THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

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

COPY TO:

THE ADDITIONAL SESSIONS JUDGE (FAST TRACK COURT), KANYAKUMARI DISTRICT AT NAGERCOIL +1 CC to M/s.K.SIVA, Advocate ( SR-8355[I] dated 23/07/2024 )

ORDER

IN CRL OP(MD) No.11129 of 2024 Date :23/07/2024 RK (23/07/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5