The Madurai Bench granted bail to the accused arrested 1.5 years ago for murder on the ground of illness and prolonged custody.
Petitioner ordered to be released on bail subject to conditions of executing a bond with two sureties and appearing monthly.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of March Two Thousand Seventeen PRESENT
The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.1481 of 2017
SANKARAN @ CHRISTOPHER ... PETITIONER/ ACCUSED NO.2
STATE REP.BY THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANNIYAKUMARI DISTRICT AT NAGERCOIL. (S.C.NO.158 OF 2015) ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S.R.ALAGUMANI Advocate
For Respondent :Mr.K.V.RAJARAJAN,Govt. Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner / A2, who was arrested on 01.08.2015 for the offence punishable under Section 302 of IPC, in Crime No.158 of 2015, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is in judicial custody from 01.08.2015 and the case is pending before the Sessions Court in SC.No.158 of 2015 and for the petitioner's nonappearance, non bailable warrant was issued on 01.08.2015.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to his illness he could not appear before the trial Court.
4.The learned Government Advocate(Crl. Side) submitted that the case is at the stage of framing charges and the petitioner is in judicial custody for the past 1 ½ years.
5.Considering the facts and circumstances of the case and that the petitioner has been in custody for more than 1 ½ years, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
(i)the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, out of which one surety must be a relative, and each for a like https://hcservices.ecourts.gov.in/hcservices/ sum to the satisfaction of District and Sessions Judge, Kanniyakumari District at Nagercoil;
(ii)the petitioner shall appear before the learned Judicial Magistrate No.I, Nagercoil on every first and fifteenth day of every month until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial;
(iv) the petitioner shall not abscond either during investigation or trial;
(v)on breach of any of the aforesaid conditions, the 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 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/-
09/03/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
MS/MSA/10.03.2017/2P.9C
1 issue framed by the court
Whether bail should be granted to the petitioner who has been in judicial custody for over 1.5 years in a murder case?
2 provisions across 2 enactments
SANKARAN @ CHRISTOPHER
STATE REPRESENTED BY THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANNIYAKUMARI DISTRICT AT NAGERCOIL
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
