In the Court of Sessions, Tirunelveli Division
Before the Principal Sessions Judge, Tirunelveli.
Present: Tmt.S.SAMEENA, B.A., L.L.B.,
Chairman/District Judge, Permanent Lok Adalat, Tirunelveli
Principal Sessions Judge (FAC), Tirunelveli
Tuesday, the 23rd day of April 2024.
Cr.M.P.No. 3181/2024
(CNR No.TNTL 0100 4923 2024)
Naveen, S/o. Kabalikannan ... Petitioner / Accused.
/Versus /
State: The Inspector of Police,
Nanguneri P.S.,
Cr.No. 207/2022 ... Respondent/Complainant.
Petition dated: 04.04.2024 U/s.439 of Cr.P.C. through e-filing prays to grant
bail.
This petition is coming on this day for hearing before me, in the presence of
Thiru.K.MOHAN NAINAR, Advocate for the petitioner and
THIRU.K.SUBRAMANIAN, the Public Prosecutor for the respondent and upon
hearing both sides arguments, this Court passed the following :
ORDER
The petitioner/accused was arrested and remanded to judicial custody on
13.09.2023 for the alleged offences u/Sec. 294(b), 353, 427, 324, 307, 506(ii) IPC,
registered by respondent police, seeks bail.
The learned counsel for the petitioner/accused would submit that, since the
petitioner/accused did not appear before the Judicial Magistrate Court, Nanguneri for
the case in PRC No.81/2022 on 07.08.2023, NBW was issued against him on the
same day. Subsequent to that he was arrested in this case on 13.09.2023 on the
strength of NBW and in further he has detained under Goondas Act. Further, he
submitted that, the Goondas order was revoked by the Hon’ble High Court in
H.C.P.No.2245/2023, dated:25.03.2024. Now, petitioner is undergoing incarceration
for the past 225 days and prays to grant bail to the petitioner herein subject to any
conditions.
The learned Public Prosecutor would submit that, as per FIR, the
petitioner/accused abused the defacto complainant in filthy language, prevented him
to discharged his duty, damaged the bike of two wheeler worth about Rs.2,000/-
assaulted, caused injuries and thereby attempt the life of him and also threatened.
Hence the case was registered. After filing the charge sheet by the respondent police
in PRC No.81/2022, the NBW was issued by the concerned Judicial Magistrate since
the petitioner not appear before the court on 07.08.2023, subsequently he was
remanded. Apart from that, the petitioner/accused is having 14 previous cases
pending against him.
In reply to that, the learned counsel for the petitioner/accused submitted that, in
all the previous cases pending against the petitioner, he came out on bail.
Heard both. The petitioner seeking Jumped out bail. It is an admitted facts that,
the case has been charge sheeted and pending as PRC 81/2022 before the learned
Judicial Magistrate, Nanguneri. On perusing the records, it is seen that, the
petitioner/accused was absent for only one hearing i.e., on 07.08.2023 and now as per
prosecution also, the petitioner remanded on the strength of NBW issued against him
by the court concerned. The petitioner is undergoing incarceration for the past 225
days. In the above circumstances, considering the fact that the petitioner was absent
for only one hearing, the case is pending before the court concerned for committal
proceedings, the Goondas Order was revoked by the Hon’ble High Court, the period
of incarceration already undergone by the petitioner and also considering the other
attending circumstances in the above case, this court is inclined to grant bail to the
petitioner herein subject to following conditions.
i) that the petitioner is ordered to be enlarged on bail on executing his bond for
Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum
each to the satisfaction of the learned Judicial Magistrate, Nanguneri ;
ii) that the sureties shall affix their photographs and Left Thumb Impression in
the surety bond and the Magistrate may obtain a copy of their Aadhaar card
or Bank pass book to ensure their identity;
iii) that the petitioner shall report and sign before the learned Judicial
Magistrate, Nanguneri daily at 10.30 a.m., for 15 working days and then
he shall report and sign before the learned Judicial Magistrate,
Nanguneri twice a month i.e on 01st and 15th day of every month at 10.30
a.m., until further orders and further if 01st and 15th day of the month is
a holiday, petitioner shall report on the next working day of the court
and then he shall appear before the court on all hearings of the case without
fail ;
iv) that the petitioner shall not tamper with evidence or witness either during the
trial;
v) that the petitioner shall not abscond either during the trial; the petitioner shall
not indulge in any offence in future ;
vi) that 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 ) ;
vii) If the accused thereafter absconds, a fresh FIR can be registered U/S.229 A
IPC.
Pronounced by me in open court, this the 23rd day of April 2024.
S Digitally signed by S
SAMEENA
SAMEENA Date: 2024.04.23 16:58:03
+0530
PRINCIPAL SESSIONS JUDGE(FAC),
TIRUNELVELI.
