The Madurai Bench of the Madras High Court entertained a bail petition filed by Johnson, Nesco, and Sorisjohn. After hearing submissions regarding the prosecution case involving a fatal stabbing and the current status of investigation, the Court imposed bail.
Petitioners released on bail on bond of Rs.10,000 each with two sureties on a like sum.
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.
CRL OP(MD). No.12376 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 23/11/2020
PRESENT
The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
CRL OP(MD). No.12376 of 2020
1.Johnson
2.Nesco 3.Sorisjohn ... Petitioners/Accused
Nos.2 to 4
Vs
The State rep.by The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.
Crime No.379/2020. ... Respondent/Complainant
For Petitioners : Mr.M.Subash Babu,
Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For bail in Crime No. 379 of 2020 on the file of the respondent Police
ORDER : The Court made the following order :-
The petitioner/A2 and A4 , who were arrested and remanded to judicial custody on 13.09.2020 for the offences punishable under Sections 294(b),342,307,302 and 506(ii) of IPC on the file of the respondent police seek bail.
1/3
CRL OP(MD). No.12376 of 2020
7.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two blood 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 Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity
ii) the petitioners shall report before the respondent police daily at 10.30 a.m and 5.30 pm., until further orders.
iii)the petitioners shall not tamper with evidence or witness.
iv) the petitioners shall not abscond during trial.
2/3
CRL OP(MD). No.12376 of 2020
v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/23/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1.THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3.THE INSPECTOR OF POLICE, RAJAKKAMANGALAM POLICE STATION, KANYAKUMARI DISTRICT.
4.THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL. 5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SUBASH BABU Advocate SR.No.7603 ORDER IN CRL OP(MD) No.12376 of 2020 AAV Date :23/11/2020 TK/PN/SAR.2/23.11.2020/3P/7C
3/3
2 issues framed by the court
Whether bail should be granted to the petitioners accused of murder and other serious offences.
The conditions under which the petitioners are to be released on bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶36
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Johnson
Nesco
Sorisjohn
The State
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
