Thiru S. Arulmurugan, BA - District Courts

In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.

Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge.

Saturday, the 5th day of September, 2020.

Crl.M.P. No. 3428/2020

1. Rajesh, S/o. Steephen (A2)

2. Rooban, S/o. Steephen (A3) : Petitioners

/Vs./

Inspector of Police,

Boothapandy Police Station,

Crime No.312/2020 of Boothapandy Police Station,

Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru. R. Dennison Mani, u/s 438

Cr.P.C. praying to grant anticipatory bail to the petitioners.

ORDER

Perused the petition and written submission of learned Public

Prosecutor.

The petitioners have been charged for the offences u/s. 379 IPC.

The case of the prosecution is that on 19.08.2020 at 12.30 A.M., the

informant parked his bike in front of his house in the parking shed and went to sleep.

After sometime the informant heard noise outside his house and on hearing the noise,

the family members of informant came out from their house and found that the

informant's bike was missing. Hence the charge.

The learned counsel for the petitioners stated in the petition that the the

petitioners are innocent and they are falsely implicated as accused in this case on

wrong information. The petitioners are ready to abide by any condition and prayed

for anticipatory bail to the petitioners.

The learned Public Prosecutor stated in the written submission that the

present petitioners are A2 and A3 and on 19.08.2020, the accused persons had

involved in committing theft of bike and A1 was arrested and property has been

recovered.

Considering the nature of the offence alleged to be committed by the

petitioners/A2 and A3 and also considering the reply of the learned Public Prosecutor

that the A1 was arrested and the property has been recovered, this court is inclined

to grant anticipatory bail to the petitioners with conditions.

In the result in the event of arrest or on their appearing before the court

concerned the petitioners are ordered to be enlarged on anticipatory bail on their

executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the

satisfaction of Judicial Magistrate, Boothapandy subject to the following conditions:-

1. The petitioners along with sureties shall appear before the court concerned

through video conferencing within 30 days from today without fail.

2. After release, the petitioners shall appear and sign before the respondent

police daily at 10.00 A.M. until further orders.

3. The petitioners shall also make themselves available before the respondent as

and when required.

4. The petitioners shall not tamper with the witnesses or in any manner interfere

with or put obstacle to the smooth progress of investigation.

5. The petitioners shall not leave the jurisdictional police limit without prior

permission.

If there is any violation of condition, the Investigation Officer is with in

his discretion to approach the court of the learned Judicial Magistrate for cancellation

of bail even though bail granted by the Sessions Court as per the ruling of the

Hon'ble Supreme Court reported in P.K.Shaji /Vs./ State of Kerala, (2005) AIR

S.C.W. 5560.

Pronounced by me in open court this the 5th day of September, 2020.

Sd/- S. Arulmurugan, Principal Sessions Judge.

To The Judicial Magistrate, Boothapandy. The Inspector of Police, Boothapandy Police Station.The counsel for the petitioners.




Crl.M.P. No.3429/2020

1. Shamnath, S/o. Kaja (A2)

2. Ahamed Kabeer @ Kabeer, S/o. Akbar Ali (A4) : Petitioners

/Vs./

Sub Inspector of Police,

Thuckalay Police Station,

Crime No. 764/2020 of Thuckalay Police Station,


This petition is filed by Advocate Thiru. T. Johnson u/s 438 Cr.P.C.

praying to grant anticipatory bail to the petitioners.

ORDER


Prosecutor.

The petitioners have been charged for the offences u/s. 294(b), 323, 324

and 506(ii) of IPC.

The case of the prosecution is that on 21.08.2020 at about 10.30 P.M.,

the petitioners along with other accused used filthy language against the defacto

complainant, assaulted him with stone and stick, caused injuries and threatened him.

Hence the charge.

The learned counsel for the petitioners stated in the petition that the

petitioners are innocent and they have not committed any offence and they are ready

to abide by any condition and prayed for anticipatory bail to the petitioners.


present petitioners are A2 to A4 and the accused persons had assaulted the defacto

complainant in his head and face using stone and stick and the injured person had

been discharged from hospital.



that the injured person had been discharged from hospital, this court is inclined to

grant anticipatory bail to the petitioners with conditions.




satisfaction of Judicial Magistrate No.I, Padmanabhapuram subject to the following

conditions:-






and when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No.I, Padmanabhapuram.The Sub Inspector of Police, Thuckalay Police Station.The counsel for the petitioners.

In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.Present : Thiru S. Arulmurugan, B.A., B.L.,

Principal Sessions Judge.


Crl.M.P. No. 3430/2020

Stephen, S/o. Thankamani .. Petitioner

/Vs./


Thuckalay Police Station,

Crime No. 755/2020 of Thuckalay Police Station.

Rep. by P.P. Nagercoil. .. Respondent

This petition is filed by Advocate Thiru. R.V. Bibin, u/s 438 Cr.P.C.,

praying to grant anticipatory bail to the petitioner.

ORDER

Perused the petition and written submission submitted by the learned

Public Prosecutor.

The petitioner has been charged for the offence u/s 379 IPC.

The case of prosecution is that on 10.08.2020 at about 5.45 A.M., the

defacto complainant was patrolling near Thuckalay Police Station in the

Azhagiamandapam to Thuckalay road and when the defacto complainant stopped the

Tipper Lorry bearing Reg.No. TN75 AP 3740, he found fencing stones being

transferred without getting permission from the Government. Hence the charge.

The learned counsel for the petitioner stated in the petition that the

petitioner is the driver of the vehicle and he has not committed any offence as alleged

in the FIR. The co-accused was granted anticipatory bail by this court on 25.08.2020

in Crl.M.P.No. 3247/2020. The petitioner is ready to abide by any condition and

prayed for anticipatory bail to the petitioner.


accused persons had involved in illicit transportation of fencing stone in lorry,

without appropriate permissions.


petitioner/accused and also considering the contention of the learned counsel for the

petitioner that the co-accused was granted anticipatory bail by this court in Crl.M.P.

No.3247/2020 on 25.08.2020, this court is inclined to grant anticipatory bail to the

petitioner with conditions.

In the result in the event of arrest or on his appearing before the court

concerned the petitioner is ordered to be enlarged on anticipatory bail on his


satisfaction of Judicial Magistrate No.I, Padmanabhapuram subject to the following

conditions:-

1. The petitioner along with sureties shall appear before the court concerned


2. After release, the petitioner shall appear and sign before the respondent police

daily at 10.00 A.M. until further orders.

3. The petitioner shall also make himself available before the respondent as and

when required.

4. The petitioner shall not tamper with the witnesses or in any manner interfere


5. The petitioner shall not leave the jurisdictional police limit without prior

permission.





S.C.W. 5560.


Sd/- S. Arulmurugan Principal Sessions Judge.

To The Judicial Magistrate No. I, Padmanabhapuram.The Sub Inspector of Police, Thuckalay Police Station.The counsel for the petitioner.

In the Court of Principal Sessions Judge, Kanyakumari District at Nagercoil.Present : Thiru S. Arulmurugan, B.A., B.L., Principal Sessions Judge.

Saturday the 5th day of September, 2020.

Crl.M.P. No. 3431/2020

( Crime No.258/2020 of Puthukadai Police Station.)

Ramesh, S/o. Thangamani ... Petitioner

/Vs./


Puthukadai Police Station,

Rep. by the Public Prosecutor,

Kanyakumari District at Nagercoil. ... Respondent

This petition is filed by the Advocate Thiru N.S. Premkumar, u/s 451

of Cr.P.C., praying to return the RC book of Mahindra Tipper vehicle bearing Regn.

No.TN75 AF 0822 to the petitioner.

ORDER

This petition has been filed by the petitioner u/s 451 of Criminal

Procedure Code, to return the original RC book of Mahindra Tipper vehicle bearing

Regn. No.TN75 AF 0822 to the petitioner.

2. The learned counsel for the petitioner stated in the petition that the

petitioner is the owner of the Mahindra Tipper vehicle bearing Regn. No.TN75 AF

0822, which was seized by the respondent police and made as a case property in

Crime No.258/2020 for the alleged offence u/s 379 IPC and the vehicle was

remanded to judicial custody on 25.05.2020 in R.P. No. 132/2020. The petitioner

filed Crl.M.P. No.3066/2020 before this court for getting interim custody of the

2

vehicle and it was allowed on 12.08.2020 with conditions and one of the condition is

that the petitioner shall deposit the original RC book of the vehicle before the Judicial

Magistrate No.II, Kuzhithurai and as per the said order the petitioner surrendered the

original RC book of the vehicle. The RC book is very much necessary for producing

the vehicle for periodical inspection by the Motor Vehicle Inspector and also it is very

much necessary to keep the original RC book for police verification, whenever the

vehicle is intercepted by the police and prayed that the RC book of Tipper vehicle

bearing Regn. No.TN 75 AF 0822 is ordered to be returned to the petitioner.

3. It is stated in the written submission of the learned Public Prosecutor

that the R.P. has been numbered as R.P. No. 132/2020 and the same may be subjected

to cross verification.

4. Considering the fact that there is no valid reason stated in the petition

for returning the RC book of Tipper vehicle bearing Regn. No.TN 75 AF 0822, this

court is not inclined to return the RC book. Hence this petition is dismissed.

5. In the result, this petition is dismissed.


Sd/-S. Arulmurugan, Principal Sessions Judge.



Crl.M.P. No. 3432/2020

( Crime No.258/2020 of Puthukadai Police Station.)

Sivakumar S/o. Selvanayagam ... Petitioner

/Vs./





This petition is filed by the Advocate Thiru N.S. Premkumar, u/s 451

of Cr.P.C., praying to return the RC book of JCB bearing Regn. No.TN32D 1341 to

the petitioner.

ORDER


Procedure Code, to return the original RC book of JCB bearing Regn. No.TN32D

1341 to the petitioner.


petitioner is the owner of the JCB bearing Regn. No.TN32D 1341, which was seized

by the respondent police and made as a case property in Crime No.258/2020 for the

alleged offence u/s 379 IPC and the vehicle was remanded to judicial custody on

25.05.2020 in R.P. No. 132/2020. The petitioner filed Crl.M.P. No.3065/2020 before

this court for getting interim custody of the vehicle and it was allowed on 12.08.2020

2

with conditions and one of the condition is that the petitioner shall deposit the

original RC book of the vehicle before the Judicial Magistrate No.II, Kuzhithurai and

as per the said order the petitioner surrendered the original RC book of the vehicle.

The RC book is very much necessary for producing the vehicle for periodical

inspection by the Motor Vehicle Inspector and also it is very much necessary to keep

the original RC book for police verification, whenever the vehicle is intercepted by

the police and prayed that the RC book of JCB bearing Regn. No.TN32D 1341 is

ordered to be returned to the petitioner.




4. Considering the fact that there is no valid reason stated in the petition

for returning the RC book of JCB bearing Regn. No.TN32D 1341, this court is not

inclined to return the RC book. Hence this petition is dismissed.

5. In the result, this petition is dismissed.






Crl.M.P. No. 3435/2020

Dharmaraj, S/o. Kathirvel (A3) .. Petitioner

/Vs./


Kaliyakkavilai Police Station,

Crime No. 294/2020 of Kaliyakkavilai Police Station.


This petition is filed by Advocate Thiru. S.K. Prabhu, u/s 438 Cr.P.C.,


ORDER


Public Prosecutor.

The petitioner has been charged for the offence u/s 147, 148, 294(b),

353, 332, 323, 324 and 506(ii) IPC.

The case of prosecution is that on 31.07.2020 at about 1.30 P.M. the

Government Primary Health Inspector one Vijin and four trainees went to the

Kozhivilai SLR Camp and conduct the survey from 30 fever people, at the time the

petitioner along with other accused abused in filthy words, attacked one person

namely Jayakumar, caused injuries and threatened him. Hence the charge.


petitioner is innocent of the offences alleged against him and his name is falsely

included in this case and the injured has been discharged from the hospital and the

petitioner is ready to abide by any condition and prayed for anticipatory bail to the

petitioner.


present petitioner is A3 and the de facto complainant is a Health Inspector in

Government Primary health Centre. The accused persons used foul language,

restrained the defacto complainant from rendering his official duty and had also

assaulted him. In this point of time as and when all the officials particularly

officials in health department are rendering their selfless services, such activities are

highly condemnable. Even though the injured person was treated as OP, considering

the nature and gravity of the offence, he has serious objection.

Considering the nature of the offences alleged to be committed by the

petitioner/A3 and also considering the fact that the injured person was treated as OP,

this court is inclined to grant anticipatory bail to the petitioner with conditions.




satisfaction of Judicial Magistrate No.I, Kuzhithurai subject to the following

conditions:-






when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No. I, Kuzhithurai.The Inspector of Police, Kaliyakkavilai Police Station.The counsel for the petitioner.




Crl.M.P. No. 3437/2020

1. Ramesh @ Raja Singh, S/o. Rajaya (A1)

2. Edwin @ Edwin Robert, S/o. Samuvel (A2) : Petitioners

/Vs./


Thiruvattar Police Station,

Crime No. 433/2020 of Thiruvattar Police Station,


This petition is filed by Advocate Thiru. D. David, u/s 438 Cr.P.C.


ORDER


Prosecutor.

The petitioners have been charged for the offences u/s. 452, 342, 294(b),

506(ii) of IPC and Section 4 of TNPHW Act 2002.


the petitioners abused in filthy language against the defacto complainant and his

family members and threatened them with deadly weapons. Hence the charge.


petitioners are innocent and nothing was happened as stated in the FIR and to

suppress the actual incident, the present case was falsely registered and implicated the

petitioners and there is no injuries to the defacto complainant and they are ready to

abide by any condition and prayed for anticipatory bail to the petitioners.


present petitioners are A1 and A2 and as far as women harassment act is concerned,

the accused persons had used foul language and had threatened using Aruval and no

injury.


petitioners/A1 and A2 and also considering the fact that there is no injury to the

defacto complainant, this court is inclined to grant anticipatory bail to the petitioners

with conditions.




satisfaction of Judicial Magistrate No.II, Padmanabhapuram subject to the following

conditions:-






and when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No. II, Padmanabhapuram.The Sub Inspector of Police, Thiruvattar Police Station.The counsel for the petitioners.




Crl.M.P. No. 3438/2020

1. Sabarish, S/o. Moni (A1)

2. Monikandan @ Othumoni, S/o. Ayyappan (A3)

3. Balaganesh, S/o Murugesan (A6) : Petitioners

/Vs./


Vadasery Police Station,

Crime No. 498/2020 of Vadasery Police Station,


This petition is filed by Advocate Thiru. A. Anites Vigin, u/s 438


ORDER

Perused the petition filed through drop box and written submission of

learned Public Prosecutor.

The petitioners have been charged for the offences u/s. 147, 148, 341,

294(b), 427, 323 and 506(ii) of IPC.


the petitioners along with other accused joined together with weapons, abused in

filthy language against the defacto complainant, assaulted him with stone, caused

injuries, damaged two vehicles and closets in the Hardware shop and threatened him.

Hence the charge.


petitioners are innocent and they have not committed any offence and they have been

falsely implicated in this case and they are ready to abide by any condition and

prayed for anticipatory bail to the petitioners.


present petitioners are A1, A3 and A6 and the accused persons had assaulted the

defacto complainant in his head using stone and as far as 427 IPC is concerned, the

accused persons had damaged glass of 2 cars, 1 bike and other items worth about

Rs.10,000/ and A1 is having 2 previous cases and considering the nature and gravity

of the offence, he has serious objection.


petitioners/A1, A3 and A6 and also considering the fact that the injuries happened to

the defacto complainant are simple in nature, this court is inclined to grant

anticipatory bail to the petitioners with conditions.




satisfaction of Judicial Magistrate No.II, Nagercoil subject to the following

conditions:-






and when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No.II, Nagercoil.The Inspector of Police, Vadasery Police Station.The counsel for the petitioners.




Crl.M.P. No. 3439/2020

Jeyakumar S/o. Raman (A2) .. Petitioner

/Vs./


District Crime Branch, Nagercoil.

Crime No. 12/2020 of District Crime Branch, Nagercoil.


This petition is filed by Advocate Thiru. R.S. Nadaraja Moorthy, u/s 438

Cr.P.C., praying to grant anticipatory bail to the petitioner.

ORDER

Perused the petition and written submission of the learned Public

Prosecutor.

The petitioner has been charged for the offence u/s 420 and 506(i) IPC.

The case of prosecution is that on 18.12.2018, the 3rd accused

purchased the property of 1st accused to an extent of 8.08 cents by cheating. Hence

the charge.


petitioner is the 2nd accused and he is one of the witnesses in sale deed dated

18.12.20218 and he is the friend of the 3rd accused and the 3rd accused purchased the

property verifying all the documents in connection with the property and there is no

encumbrance and there is no civil proceedings or any injunction order upon the same.

The petitioner is innocent and he has been falsely implicated in this case. Already

two times, the defacto complainant gave a complaint before the ASP Office,

Nagercoil and three times before the Inspector of Police, Nesamony Nagar Police

Station. Already the matter was enquired and the defacto complainant harassed the

petitioner with the help of the respondent police only swindling money from him.

The co-accused/A3 was released on anticipatory bail by the Hon'ble Madurai Bench

of Madras High Court in Crl.OP (MD) No.8299/2020, dated 14.08.2020 and the

petitioner is ready to abide by any condition and prayed for anticipatory bail to the

petitioner.


present petitioner is A2. All the 3 accused persons had conspired and in the guise of

transferring the disputed property in favour of the defacto complainant, A1 had

received Rs.10 Lakhs as advance and had not returned the same. A2 has acted as

the witness for the same. Subsequently, in order to evade from transferring the

disputed property in favour of the de facto complainant, A1 had created an invalid

document in favour of A3. Upon investigation it has been found that, still A1 is the

one who’s in the procession of the said property and there was no consideration in the

transaction between A1 and A3 and the investigation is in premature stage. Till date

the accused persons had neither transferred the said property nor returned the advance

amount to the defacto complainant. It seems that, till date the present petitioner is

not cooperating for the enquiry. So, custodial interrogation of the accused person is

essential. Since discrete enquiry need to be conducted, he has serious objection.


petitioner/A2 and also considering the contention of the learned counsle for the

petitioner, A3 was granted anticipatory bail by the Hon'ble Madurai Bench of Madras

High Court in Crl.OP (MD) No.8299/2020 and also considering the fact that the overt

act alleged lodged against the petitioner/A2 is, he is the witness in the sale agreement,

this court is inclined to grant anticipatory bail to the petitioner with conditions.




satisfaction of Judicial Magistrate No.I, Nagercoil subject to the following

conditions:-






when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No. I, Nagercoil.The Sub Inspector of Police, District Crime Branch, Nagercoil.The counsel for the petitioner.




Crl.M.P. No. 3440/2020

T. Thanga Ramanathan @ Regu S/o. Thangamani .. Petitioner

/Vs./


South Thamaraikulam Police Station,

Crime No. 377/2020 of South Thamaraikulam Police Station.


This petition is filed by Advocate Thiru N. Thiyagarajan, u/s 438 Cr.P.C.,


ORDER


Public Prosecutor.

The petitioner has been charged for the offence u/s 436 IPC.

The case of prosecution is that as the informant gave Rs.50,000/- to the

petitioner for 2 cents of land and he made a thatched cottage in the property, but the

petitioner demanded to vacate the informant from the cottage by denying

documentation. On 23.08.2020 at about 1.15 A.M., the cottage was damaged with fire

and thereby damaged his cot and bureau worth about Rs.50,000/-. Hence the

charge.


alleged cottage is a thatched shed which was thatched by the petitioner in his coconut

garden for the purpose of keeping agricultural instruments. The informant is his

friend and he told that he has a problem with his family and requested the petitioner

to permit him to stay in the said shed for two months and the petitioner also permitted

him to stay in the shed without receiving any cash and after laps of a month the

informant intended to permanently occupy the shed, he tried to shift his house hold

articles in the shed and so, the petitioner demanded to vacate the shed within 10 days.

Due to the said enmity, the informant in a drunken mood set fire the shed and gave a

false complainant against the petitioner. The informant's old steel bureau and old

steel cot only having in the shed. The petitioner is innocent and nothing was

happened as alleged in the FIR. The petitioner is ready to abide by any condition

and prayed for anticipatory bail to the petitioner.


defacto complainant had purchased 2 cents of land from the accused person for a

consideration of Rs.50,000/- and had constructed his thatched house. It is imperative

to note that, the accused person had not refrained from proceeding with the

documentation formalities and on the other hand he had constantly pressurised the

defacto complainant to vacate his land. With all probabilities the defacto complainant

suspects the accused person to have set fire to his house on 23.08.2020 at around 1.15

A.M., which in turn had damaged cot, bureau, and other things (total worth

Rs.50,000/-). Considering the nature and gravity of the offence, he has serious

objection.


petitioner/accused and also considering the fact that the dispute between the parties is

of a civil nature, this court is inclined to grant anticipatory bail to the petitioner with

conditions.




satisfaction of Judicial Magistrate No.III, Nagercoil subject to the following

conditions:-

1. The petitioner along with sureties shall appear before the court concerned





when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No. III, Nagercoil.The Sub Inspector of Police, South Thamaraikulam Police Station.The counsel for the petitioner.




Crl.M.P. No. 3441/2020

Stalin, S/o.Antony .. Petitioner

/Vs./


Kanyakumari Police Station

Crime No.733/2020 of Kanyakumari Police Station


This petition is filed by Advocate Thiru. P. Balamurugan, u/s 438

Cr.P.C., praying to grant anticipatory bail to the petitioner.

ORDER

Perused the petition filed by the petitioner through drop box and written

objection submitted by the learned Public Prosecutor.

The petitioner has been charged for the alleged offences u/s.294(b), 324

427 and 506(ii) of IPC.


the petitioner went to the house of the defacto complainant, used filthy language and

stabbed him with knife on his leg and damaged the sheet of his motor cycle and

threatened him. Hence the charge.

The learned counsel for the petitioner stated in the petition through drop

box that the defacto complainant used provocative and noxious words towards the

petitioner and pushed from the house. Otherwise he never possessed any kind of

knife and inflicted any injury to the defacto complainant and he is quite innocent

and he is ready to abide by any conditions which may be imposed by this Court and

prayed for anticipatory bail to the petitioner.

The learned Public Prosecutor submitted the written objection and

stated that the accused person had stabbed the defacto complainant in his leg using

knife and in addition to that, the accused person had also damaged bike worth

Rs.800/- and the injured person has been discharged from hospital.


petitioners/Accused and also considering the reply of the learned Public Prosecutor

that the injured person has been discharged from the hospital, this court is inclined to

grant anticipatory bail to the petitioner with conditions.




satisfaction of Judicial Magistrate No.I, Nagercoil, subject to the following

conditions:-

1. The petitioner shall appear before the court concerned within 30 days from

today without fail .




when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate No.I, Nagercoil.The Inspector of Police, Kanyakumari Police Station.The counsel for the petitioners.




Crl.M.P. No. 3442/2020

Sankar, S/o. Mathusoothanan Pillai. .. Petitioner

/Vs./


Suchindrum Police Station

Crime No.672/2020 of Suchindrum Police Station


This petition is filed by Advocate Thiru. N. Nagamony, u/s 438 Cr.P.C.,


ORDER

Perused the petition filed by the petitioner through drop box and written

objection submitted by the learned Public Prosecutor.

The petitioner has been charged for the alleged offences u/s.294(b), 324

and 506(ii) of IPC.

The case of the prosecution is that on 20.08.2020 near at about 1.30 P.M.

the accused using filthy language, stabbed the defacto complainant on his left

shoulder and right hand with knife and criminally intimidated him. Hence the

charge.

The learned counsel for the petitioner stated in the petition through drop

box that the fact of the case is that the petitioner/accused and the defacto

complainant are relatives. As the defacto complainant stated the petitioner/accused's

sister does not love any one. They were animosity between the two families. Due

the animosity between the two families only this complaint have been given by the

defacto complainant, based on the false complaint given by the defacto complaint.

Further the injured already discharged from the hospital and the petitioner has not

committed any offence as alleged in the FIR and he is quite innocent and he is

ready to abide by any conditions which may be imposed by this Court and prayed for

anticipatory bail to the petitioner.

The learned Public Prosecutor submitted the written objection and

stated that the accused person had stabbed the defacto complainant in his leg using

knife and the injured person has been discharged from hospital.


petitioners/Accused and also considering the reply of the learned Public Prosecutor

that the injured person has been discharged from the hospital, this court is inclined to

grant anticipatory bail to the petitioner with conditions.




satisfaction of Judicial Magistrate No.III, Nagercoil, subject to the following

conditions:-

1. The petitioner shall appear before the court concerned within 30 days from

today without fail .




when required.




permission.





S.C.W. 5560.


(Sd/- S. Arulmurugan) Principal Sessions Judge.

To The Judicial Magistrate No.III, Nagercoil.The Inspector of Police, Suchindram Police Station.The counsel for the petitioners.




Crl.M.P. No.3443/2020

1. Suresh @ Suresh Kumar (A1) S/o. Sukumaran Nair.

2. Vijil @ Vijilkumar (A2) S/o. Arjunan.

3. Saji, (A3) S/o. Arjunan.

: Petitioners

/Vs./

Inspector of Police, Kaliyakkavilai Police Station, Crime No.308/2020 of Kaliyakkavilai Police Station,Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru. T. Johnson u/s 438 Cr.P.C.


ORDER




and 506(ii) of IPC.

The case of the prosecution is that on 12.08.2020 at about 8.00 P.M., due

to previous enmity the informant was waylaid, the 1st accused assaulted with iron

rod and caused simple injury on his back of head and the 2nd and 3rd accused were

assaulted with hand and leg and caused injuries and criminally intimidated him.

Hence the charge.

The learned counsel for the petitioners stated in the petition filed through

drop box that the the allegations stated in the FIR is false and they are not committed

any offence and they are law abiding citizen and the petitioners are ready to abide

by any condition and prayed for anticipatory bail to the petitioners.


present petitioners are A1, A2 and A3 and the accused person had assaulted the

defacto complainant in his head using iron rod and the injured person was treated as

out patient.


petitioners/A1, A2 and A3 and also considering the reply of the learned Public

Prosecutor that the injured person was treated as out patient, this court is inclined to





satisfaction of Judicial Magistrate No.I, Kuzhithruai subject to the following

conditions:-






and when required.




permission.





S.C.W. 5560.


(Sd/- S. Arulmurugan) Principal Sessions Judge.

To The Judicial Magistrate No.I, Kuzhithurai.The Inspector of Police, Kaliyakkavilai Police Station.The counsel for the petitioners.




Crl.M.P. No. 3444/2020

Edwin .J S/o. Jebamani : Petitioner

/Vs./ Sub Inspector of Police,

Arumanai Police Station,

Crime No. 394/2020 of Arumanai Police Station,


This petition is filed by Advocate Thiru T. Raja Eric Godwin, u/s 438

Cr.P.C. praying to grant anticipatory bail to the petitioner.

ORDER

Perused the petition filed through online and written submission of the


The petitioner/accused has been charged for the offences u/s 379 IPC

and Section 21(i) of Mines and Minerals (Development and Regulation) Act.

The case of the prosecution is that on 08.07..2020 at about 2.45 P.M.,

while the Manjalumoodu Village Administrative Officer along with her subordinates

was checking the vehicles near Karode RC Church, she found that the petitioner

illegally transported red sand in a tempo bearing Regn. No. TN 75E 4656 without

getting any permission from the government. Hence the charge.

The learned counsel for the petitioner stated in the petition filed through

online that the petitioner has not committed any offence as alleged in the FIR and his

name is not mentioned in the FIR and the petitioner is a family man having two

children and caring his mother with him and the vehicle was seized and the said

vehicle is only one source of income. The previous application was dismissed on

05.08.2020 with the reason stating that the application is premature. In the previous

application, the proseuction stated that red sand, but in the complaint it is stated as

red soil. The prosecution has sufficient time for investigation and the petitioner is

ready to abide any condition and prayed for anticipatory bail to the petitioner.

In the written submission, the learned Public Prosecutor stated that on

08.07.2020, the accused person had involved in illicit transportation of 1-unit red

sand and the earlier application in Crl.M.P. No.2968/2020 has been dismissed only on

05.08.2020 and there is no change of circumstance and considering the nature of

offence and the recent observation of Madurai High Court, he has serious objection.


petitioner/accused that he had involved in illicit transportation of one unit of red sand

and also considering the objection of the learned Public Prosecutor that the earlier

application was dismissed only on 05.08.2020 in Crl.M.P. No.2968/2020 and there is

no change in circumstances, this court is not inclined to grant anticipatory bail to the

petitioner/accused. Hence this petition is dismissed.

In the result, this petition is dismissed.






Crl.M.P. No. 3447/2020

( Crime No.298/2020 of Puthukadai Police Station)

Raj Beno, S/o. Ramakrishnan ... Petitioner

/Vs./





This petition is filed by the Advocate Thiru P. Balamurugan, u/s 451 of

Cr.P.C., praying to return the vehicle bearing Regn. No.TN72 AC 9003 to the

petitioner for interim custody.

ORDER


Procedure Code, to return the vehicle bearing Regn. No.TN72 AC 9003 to the



petitioner is the owner of the Mahindra Tipper Tempo bearing Regn. No.TN72 AC

9003 which was seized by the respondent police and made as a case property in

Crime No.298/2020 for the alleged offence u/s 379 IPC @ 379 IPC r/w Section

21(1) of Mines and Minerals (Development & Regulation) act 1957 and the vehicle

2

was produced before the Judicial Magistrate Court No.II, Kuzhithurai in R.P.No.

137/2020 and now the vehicle is in the custody of the respondent police from

13.06.2020 onwards and there is every chance for repair for the vehicle, if not proper

maintenance given and use and prayed that the vehicle Mahindra Tipper Tempo

bearing Regn. No.TN72 AC 9003 is ordered to be returned to the petitioner for

interim custody.




4. Point for consideration in this petition is :-

1. Whether this petition is to be allowed ?

5. Point for consideration No.1 : -

This petition has been filed by the petitioner to return the seized vehicle

Mahindra Tipper Tempo bearing Regn. No.TN72 AC 9003 to the petitioner for

interim custody.

6. Perused the petition. It is seen from the submission made by the

learned counsel for the petitioner that the petitioner is the owner of the vehicle

Mahindra Tipper Tempo bearing Regn. No.TN72 AC 9003 and the said vehicle was

seized by the respondent police in Crime No.298/2020 u/s 379 IPC @ 379 IPC r/w

Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957 and

now the vehicle is under the custody of Judicial Magistrate Court No.II, Kuzhithurai

and the respondent police kept the vehicle in an open place. The xerox copy of R.C.

3

Book is produced by the petitioner and it shows that the petitioner is the owner of the

vehicle. The learned Public Prosecutor stated in the written submission that RP has

been numbered as 137/2020 and the same may be subjected to cross verification.

Considering the reply of the learned Public Prosecutor and also considering the

nature of the vehicle and protect the same from open air and rain, the vehicle

Mahindra Tipper Tempo bearing Regn. No.TN72 AC 9003 is ordered to be returned

to the petitioner for interim custody on the following conditions :-

i) The petitioner shall execute a bond for a sum of Rs.2,00,000/- (Rupees

Two Lakhs only) with two sureties each for a likesum to the satisfaction of the

Judicial Magistrate Court No.II, Kuzhithurai.

ii) The petitioner shall deposit the Original R.C. Book of the vehicle before the


iii) The petitioner shall produce the vehicle before the court as and when

required.

iv) The petitioner should not alter the nature of the vehicle without any

permission of this court.

v) The petitioner shall not alienate the vehicle in any manner.

vi) The petitioner shall give an undertaking that he will not use the vehicle for

any other illegal activities in future.

vii) The petitioner shall produce the vehicle before the learned Judicial Magistrate

Court No.II, Kuzhithurai on first working day of every month.

4

and accordingly this petition is allowed.



ToThe Judicial Magistrate No.II, Kuzhithurai.The Sub Inspector of Police, Puthukadai Police Station.




Crl.M.P. No. 3448/2020


T. Sivaraj, S/o. Thankaraj ... Petitioner

/Vs./






Cr.P.C., praying to return the vehicle bearing Regn. No.TN75 C 1653 to the


ORDER


Procedure Code, to return the vehicle bearing Regn. No.TN75 C 1653 to the



petitioner is the owner of the Mahindra Tipper Tempo bearing Regn. No.TN75 C

1653 which was seized by the respondent police and made as a case property in

Crime No.298/2020 for the alleged offence u/s 379 IPC @ 379 IPC r/w Section

21(1) of Mines and Minerals (Development & Regulation) act 1957 and the vehicle

2

was produced before the Judicial Magistrate Court No.II, Kuzhithurai in R.P.No.

137/2020 and now the vehicle is in the custody of the respondent police from

13.06.2020 onwards and there is every chance for repair for the vehicle, if not proper

maintenance given and use and prayed that the vehicle Mahindra Tipper Tempo

bearing Regn. No.TN75 C 1653 is ordered to be returned to the petitioner for

interim custody..







This petition has been filed by the petitioner to return the seized vehicle

Mahindra Tipper Tempo bearing Regn. No.TN75 C 1653 to the petitioner for interim

custody.


learned counsel for the petitioner that the petitioner is the owner of the vehicle

Mahindra Tipper Tempo bearing Regn. No.TN75 C 1653 and the said vehicle was

seized by the respondent police in Crime No.298/2020 u/s 379 IPC@ 379 IPC r/w

Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957 and

now the vehicle is under the custody of Judicial Magistrate Court No.II, Kuzhithurai

and the respondent police kept the vehicle in an open place. The xerox copy of R.C.

3

Book is produced by the petitioner and it shows that the petitioner is the owner of the

vehicle. The learned Public Prosecutor stated in the written submission that RP has

been numbered as 137/2020 and the same may be subjected to cross verification.


nature of the vehicle and protect the same from open air and rain, the vehicle

Mahindra Tipper Tempo bearing Regn. No.TN75 C 1653 is ordered to be returned to

the petitioner for interim custody on the following conditions :-


Two Lakhs only) with two sureties each for a likesum to the satisfaction of the





required.






vii) The petitioner shall produce the vehicle before the learned Judicial

Magistrate Court No.II, Kuzhithurai on first working day of every month.

4







Crl.M.P. No. 3449/2020


R.J. Rajesh, S/o. Rajan ... Petitioner

/Vs./

Sub Inspector of Police,Puthukadai Police Station,Rep. by the Public Prosecutor,Kanyakumari District at Nagercoil. ... Respondent


Cr.P.C., praying to return the JCB bearing Regn. No.TN75 J 1611 to the petitioner for

interim custody.

ORDER


Procedure Code, to return the JCB bearing Regn. No.TN75 J 1611 to the petitioner

for interim custody.


petitioner is the owner of the JCB bearing Regn. No.TN75 J 1611 which was seized

by the respondent police and made as a case property in Crime No.298/2020 for the

alleged offence u/s 379 IPC @ 379 IPC r/w Section 21(1) of Mines and Minerals

(Development & Regulation) act 1957 and the vehicle was produced before the

Judicial Magistrate Court No.II, Kuzhithurai in R.P.No. 137/2020 and now the

vehicle is in the custody of the respondent police from 13.06.2020 onwards. There is

2

every chance for repair for the vehicle, if not proper maintenance given and use and

prayed that the JCB bearing Regn. No.TN75 J 1611 is ordered to be returned to the

petitioner for interim custody..







This petition has been filed by the petitioner to return the seized JCB

bearing Regn. No.TN75 J 1611 to the petitioner for interim custody.


learned counsel for the petitioner that the petitioner is the owner of the vehicle JCB

bearing Regn. No.TN75 J 1611 and the said vehicle was seized by the respondent

police in Crime No.298/2020 u/s 379 IPC @ 379 IPC r/w Section 21(1) of Mines

and Minerals (Development & Regulation) Act 1957 and now the vehicle is under

the custody of Judicial Magistrate Court No.II, Kuzhithurai and the respondent

police kept the vehicle in an open place. The xerox copy of R.C. Book is produced

by the petitioner and it shows that the petitioner is the owner of the vehicle. The

learned Public Prosecutor stated in the written submission that RP has been numbered

as 137/2020 and the same may be subjected to cross verification. Considering the

reply of the learned Public Prosecutor and also considering the nature of the vehicle

3

and protect the same from open air and rain, the JCB bearing Regn. No.TN75 J 1611

is ordered to be returned to the petitioner for interim custody on the following

conditions :-


Five Lakhs only) with two sureties each for a likesum to the satisfaction of the





required.







Magistrate Court No.II, Kuzhithurai on first working day of every month.








Crl.M.P. No.3451/2020

1. Gobi @ Vignesh Gobi (A1) S/o. Vellappan.

2. Subbu @ Bala Subramaniam (A2) S/o. Perinbamani

: Petitioners

/Vs./

Inspector of Police, Aralvaimozhi Police Station, Crime No.476/2020 of Aralvaimozhi Police Station,Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru.D. Mathi, u/s 438 Cr.P.C.


ORDER




and 506(ii) of IPC.

The case of the prosecution is that on 21.08.2020 at about 2.00 P.M. the

petitioners used filthy language against the informant and stabbed him on his near

left eye with knife and kicked him on his abdomen and threatened him. Hence

the charge.


drop box that the the petitioners are innocent of the offences alleged against them.

The injured person/defacto complainant was treated as out patient and this case has

been foisted on the petitioners and the petitioners are ready to abide by any condition

and prayed for anticipatory bail to the petitioners.


present petitioners are A1 and A2 and the accused person had assaulted the defacto

complainant using knife and the injured person had been discharged from hospital.



that the injured person had been discharged from hospital, this court is inclined to





satisfaction of Judicial Magistrate, Bhoothapandy subject to the following

conditions:-






and when required.




permission.





S.C.W. 5560.



To The Judicial Magistrate, Bhoothapandy.The Inspector of Police, Aralvaimozhi Police Station.The counsel for the petitioners.




Crl.M.P. No.3452/2020

1. Manikandan (A1) S/o. Chellam Pillai.

2. Kolappan (A2) S/o. Chellam Pillai.

3. Chellam Pillai(A3) S/o. Arunachalam Pillai. : Petitioners

/Vs./

Inspector of Police, Bhoothapandy Police Station, Crime No.314/2020 of Bhoothapandy Police Station,Rep. by P.P. Nagercoil. : Respondent

This petition is filed by Advocate Thiru.T.R. Ezhamparithy, u/s 438


ORDER



The petitioners have been charged for the offences u/s. 341, 294(b), 324,

323 and 506(i) of IPC.

The case of the prosecution is that on 22.08.2020 at about 2.45 P.M.

when the informant came along with his brother Jeeva to his house. On the way, they

reach near the house of petitioners, the petitioners restrained the informant and using

filthy language due to previous enmity and the first petitioner assaulted the

informant's left shoulder by stick and the third petitioner assaulted the informant's

chest by hand and threatened him. Hence the charge.


drop box that the the petitioners are innocent. There is no overtact on their part in the

offence and the petitioners are ready to abide by any condition and prayed for

anticipatory bail to the petitioners.


present petitioners are A1, A2 and A3 and the accused person had assaulted the

defacto complainant in his head using brick and the injured person was treated as

Out patient.


petitioners/A1, A2 and A3 and also considering the reply of the learned Public

Prosecutor that the injured person was treated as out patient, this court is inclined to





satisfaction of Judicial Magistrate, Bhoothapandy subject to the following

conditions:-






and when required.




permission.





S.C.W. 5560.


(Sd/-S. Arulmurugan) Principal Sessions Judge.

To The Judicial Magistrate, Bhoothapandy.The Inspector of Police, Bhoothapandy Police Station.The counsel for the petitioners.



Crl.M.P. No. 3474/2020

( Crime No.349/2020 of Rajakkamangalam Police Station)

Rajesh, S/o. Thangaswamy ... Petitioner

/Vs./


Rajakkamangalam Police Station,



This petition is filed by the Advocate Thiru V. Vinifred Bose, u/s 451 of

Cr.P.C., praying to return the JCB bearing Regn. No.TN72 AY 8886 to the petitioner


ORDER


Procedure Code, to return the JCB bearing Regn. No.TN72 AY 8886 to the petitioner



petitioner is the owner of the JCB bearing Regn. No.TN72 AY 8886 which was

seized by the respondent police and made as a case property in Crime No.349/2020

for the alleged offence u/s 379 IPC and Section 21(1) of Mines and Minerals

(Development & Regulation) Act and the vehicle was produced before the Judicial

Magistrate Court No.I, Nagercoil and numbered as R.P.No. 78/2020 and now the

respondent police kept the JCB vehicle in an open place within the premises of the

2

respondent police station and there is no shelter. If the vehicle is not periodically

maintained it will expose in the air, sun and rust will be formed and prayed that the

JCB bearing Regn. No.TN72 AY 8886 is ordered to be returned to the petitioner



that the R.P. has been numbered as 78/2020 and the same may be subjected to cross

verification.




This petition has been filed by the petitioner to return the seized JCB

bearing Regn. No.TN72 AY 8886 to the petitioner for interim custody.


learned counsel for the petitioner that the petitioner is the owner of the JCB bearing

Regn. No.TN72 AY 8886 and the said vehicle was seized by the respondent police in

Crime No.349/2020 u/s 379 IPC and Section 21(1) of Mines and Minerals

(Development & Regulation) Act and now the vehicle is under the custody of

Judicial Magistrate Court No.I, Nagercoil and the respondent police kept the vehicle

in an open place. The xerox copy of R.C. Book is produced by the petitioner and it

shows that the petitioner is the owner of the vehicle. The learned Public Prosecutor

stated in the written submission that RP has been numbered as 78/2020 and the same

may be subjected to cross verification. Considering the reply of the learned Public

3

Prosecutor and also considering the nature of the vehicle and protect the same from

open air and rain, the JCB vehicle bearing Regn. No.TN72 AY 8886 is ordered to

be returned to the petitioner for interim custody on the following conditions :-


Five Lakhs only) with two sureties each for a likesum to the satisfaction of the

Judicial Magistrate Court No.I, Nagercoil.


Judicial Magistrate Court No. I, Nagercoil.


required.







Magistrate Court No. I, Nagercoil on first working day of every month.




ToThe Judicial Magistrate No.I, Nagercoil.The Inspector of Police, Rajakkamangalam Police Station.

Crl.M.P.No. 3486/2020

05.09.2020

The learned counsel for the

petitioners filed a memo stating that as

instructed by the petitioners, he is not

pressing the above anticipatory bail

application. Hence, this petition is

dismissed as not pressed.

Sd/-S. ArulmuruganPrincipal Sessions Judge.




Crl.M.P. No. 3489/2020

(Crime No. 783/2020 of Marthandam Police Station.)

Ashok Kumar, S/o. Namasivayam ... Petitioner

/Vs./


Marthandam Police Station,

through the Public Prosecutor,


This petition is filed by the Advocate Thiru T. Kannan, u/s 451 of

Cr.P.C., to return the Hitachi Machine to the petitioner for interim custody.

ORDER


Procedure Code, to return the Hitachi machine Hyundai Hydraulic Excavator, Model

R80-7, Machine Serial No.N101D00104 for interim custody to the petitioner.

2. The petitioner stated in the petition that he is the owner of the

Hitachi machine Hyundai Hydraulic Excavator, Model R80-7, Machine Serial

No.N101D00104 and the above said Machine was seized by the respondent Police

and made as a case property in Crime No.783/2020 for the alleged offence u/s 379

IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act,

and the respondent police produced the Machine before the Judicial Magistrate Court

No.I, Kuzhithurai and it was numbered as RP 127/2020. This is the 2nd application

and the earlier application in Crl.M.P.No. 3292/2020 was dismissed by this court on

24.08.2020 as non production of documents regarding the name of Sybuteen. The

said Sybuteen is the second owner of the Hitachi machine and the petitioner is the

third owner of the said Hitachi machine and the first sale agreement copy in the

name of said Sybuteen is annexed in this petition and prayed that the Hitachi

machine Hyundai Hydraulic Excavator, Model R80-7, Machine Serial

No.N101D00104 is ordered to be returned to the petitioner for interim custody.




This petition has been filed by the petitioner to return the seized

Hitachi machine Hyundai Hydraulic Excavator, Model R80-7, Machine Serial

No.N101D00104 for interim custody to the petitioner.


learned counsel for the petitioner that the petitioner is the owner of the Hitachi


No.N101D00104. The said Hitachi Machine was seized by the respondent police in

Crime No.783/2020 u/s 379 IPC and Section 21(1) of Mines and Minerals

(Development & Regulation) Act, 1957 and the respondent police produced the

vehicles before the Judicial Magistrate Court No.I, Kuzhithurai and it was numbered

as RP 127/2020. The petitioner produced the copy of sale agreements regarding the

Hitachi Machine. A perusal of sale agreements, shows that on 23.01.2016 one P.P.

Jacob and one Sybutheen jointly executed the sale agreement regarding the above

said Hitachi machine and subsequently on 15.09.2018 the petitioner and the above

said Sybutheen jointly executed the sale agreement regarding the said Hitachi

machine and further it shows that the petitioner is the owner of the said Hitachi

Machine. The learned Public Prosecutor stated in the written submission that RP

has been numbered as 127/2020 and the same may be subjected to cross verification.


nature of the Machine and protect the same from open air and rain, the Hitachi


No.N101D00104 is ordered to be returned to the petitioner for interim custody on the

following conditions :-


Three Lakhs only) with two sureties each for a likesum to the satisfaction of the

Judicial Magistrate Court No.I, Kuzhithurai.

ii) The petitioner shall produce the original sale agreement regarding the

Hitachi Manchine before the Judicial Magistrate Court No.I, Kuzhithurai.


required.







Magistrate Court No.I, Kuzhithurai on first working day of every month.




ToThe Judicial Magistrate No.I, Kuzhithurai.The Inspector of Police, Marthandam Police Station.

Thiru S. Arulmurugan, BA - District Courts

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