Petitioner seeking bail under Section 439 CrPC in a case involving offences under IPC Sections 147, 148, 323, 324, 427, and 307. Court granted bail despite absconding for over five years, subject to strict conditions.
Petitioner released on bail by executing bond with sureties and complying with conditions to report daily and deposit money.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Eighteenth day of December Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice A.M.BASHEER AHAMED
CRL OP(MD) No.16918 of 2017
KUMAR ... PETITIONER / ACCUSED NO.4 Vs
THE STATE REP.BY, THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT, (CR.NO.869/1997) ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.B.N.RAJA MOHAMED Advocate For Respondent : MR.C.MAYILVAHANA RAJENDRAN
Additional Public Prosecutor
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 31.08.2017, for the offences punishable under Sections 147, 148, 323, 324, 427 and 307 of IPC., in Crime No.869 of 1997, on the file of the respondent police, seeks bail.
https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the above facts and circumstances of the case and also considering the fact that the case against the petitioner
was committed to the Sessions Court and taken on file in S.C.No.301 of 2017, on the file of the learned Principal Sessions Judge, Nagercoil, Kanyakumari District and also the conduct of the petitioner in absconding for more than 5 years in this case, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
[a] the petitioner shall report before the learned Principal Sessions Judge, Kanyakumari Division at Nagercoil, daily at 10.30 a.m., until further orders.
[b] the petitioner shall deposit a sum of Rs.4000/- (Rupees Four Thousand Only) before the District Legal Aid Committee, Nagercoil at Kanyakumari District.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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/-
18/12/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023.
TO
NAGERCOIL AT KANYAKUMARI DISTRICT.
ORDER IN
CRL OP(MD) No.16918 of 2017
https://hcservices.ecourts.gov.in/hcservices/ Date :18/12/2017 MKV-VR-SAR 1/19.12.2017/2P-7C
1 issue framed by the court
Whether bail should be granted to the petitioner who was on the run for over five years.
1 provisions across 1 enactments
KUMAR
STATE
A.M.BASHEER AHAMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
