BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL

S.C.NO: 101 /2012

Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

MEMO filed by Advocate P.MICHAEL for and on behalf of the above named
Petitioner/Accused

The petitioner humbly submit that this petitioner/accused had filed a petition
before this Hon’ble Court under section 311 Cr.P.C on 15/02/2016 to recall PW1
to PW10, PW16 to PW19. This Hon’ble Court allowed the petition as per
CMP.NO: 210/2016 on 26/02/2016. On 26/02/2016 itself the process had been
paid . subsequently the process had been paid in the further hearing dates. While
the CMP.NO: 210/2016 is pending this Hon’ble Court had posted the case for
DWS. The petitioner/accused had filed the list of witness schedule and this
Hon’ble Court passed an order on 06/09/2016 that the witnesses should be
produced through special messenger. On 09/09/2016 the petitioner /accused filed
witness schedule and process memo and it is pending.

The petitioner humbly submit that this petitioner/accused had filed a process on
05/10/2016 and it has been numbered as 1160. This Hon’ble Court had returned
the process stating “The case is posted on 06/10/2016. No time for service”. On
06/10/2016 the case had been adjournrd to 03/11/2016 hence on 07/10/2016 the
process had been resubmitted and it had been numbered as 1180. But on
14/10/2016 this Hon’ble Court has returned the process by stating “ How this
process memo maintainable at this stage. Hence returned”.

The petitioner humbly submit that the CMP.NO: 210/2016 is allowed by this
Hon’ble Court. Hence the process filed by the petitioner is maintainable. And
today the petitioner files process before this Hon’ble Court and it may be accepted.

Hence it is prayed that this Hon’ble Court may be pleased to accept the memo
inaccordance with law.

Nagercoil

03/11/2016

Advocate
 BEFORE THE HON’BLE FAST TRACK
MAHILA COURT AT NAGERCOIL

S.C.NO: 101 /2012

Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan, ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

Process Memo

Advocate
 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL

S.C.NO: 101 /2012

Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

PROCESS MEMO filed by Advocate P.MICHAEL for and on behalf of the

above named Petitioner/Accused

1.M.Mariyadhas
s/o.Kuruz
Mullanganavilai
Vilavancode Taluk
Kanyakumari district.

2.Santhamary
w/o. Mariyadhas
Mullanganavilai
Vilavancode Taluk
Kanyakumari district.

3.Rajan
s/o. Mariyadhas
Mullanganavilai
Vilavancode Taluk
Kanyakumari district.

4.Rasul raj
s/o.Ponnumani
Paloor
Vilavancode Taluk
Kanyakumari district.

Nagercoil

03/11/2016

Advocate
 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL
CMP.NO: /2017
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

SURRENDER PETITION Filed by Advocate P.MICHAEL for and on behalf

of the above named Petitioner/Accused

The petitioner is the accused in the above case.

Due to oversight the petitioner had appeared before this Hon’ble Court on
01/01/2017 and signed in the condition note and did not appear before this
Hon’ble Court on 02/01/2017 hence this court issued Non Bail able Warrant to the
petitioner/accused.

The petitioner voluntarily surrender before this Hon’ble court today in view of the
Non Bailabe Warrant issued by this Hon’ble Court on 02/01/2017 for non
appearance.

Hence it is prayed that this Hon’ble Court may be pleased to accept

the surrender and allow this petition in the interest of justice.

Dated at Nagercoil this the 3rd day of January 2016

I know the party Accused

 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL
CMP.NO: /2017
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

CANCELLATION OF WARRENT PETITION filed by Advocate P.MICHAEL

for and on behalf of the above named Petitioner/Accused u/s.70(2)Cr.P.C

The petitioner is the accused in the above case.

Due to oversight the petitioner had appeared before this Hon’ble Court on
01/01/2017 and signed in the condition note and did not appear before this
Hon’ble Court on 02/01/2017 hence this court issued Non Bail able Warrant to the
petitioner/accused.

The petitioner voluntarily surrender before this Hon’ble court today in view of the
Non Bailabe Warrant issued by this Hon’ble Court on 02/01/2017 for non
appearance.

The non-appearance of the petitioner is not willful but only due to the above stated
reason.

Hence it is prayed that this Hon’ble Court may be pleased to cancel the Non
Bailable Warrant issued against the petitioner/accused and allow this petition in the
interest of justice..

Dated at Nagercoil this the 3rd day of January 2016

Counsel for Petitioner/accused

 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL
CMP.NO: /2017
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

Humble ADVANCE HEARING PETITION Filed by Advocate P.MICHAEL

for and on behalf of the above named Petitioner/Accused

The petitioner is the accused in the above case.

The petitioner voluntarily surrender before this court today in view of the Non
Bailabe Warrant issued by this Hon’ble Court on 02/01/2017 for non appearance
and the case has been adjourned to 27/1/2017

Hence it is prayed that this Hon’ble Court may be pleased to advance

the hearing from 27/1/2017 to today and allow this petition in the interest of
justice.

Dated at Nagercoil this the 3rd day of January 2016

Counsel for Petitioner/accused

 BEFORE THE HON’BLE FAST TRACK
MAHILA COURT AT NAGERCOIL
CMP.NO: /2017
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan, ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

CONDONE THE NON COMPLIANCE OF

CONDITION PETITION filed by Advocate
P.MICHAEL for and on behalf of the
above named Petitioner/

Advocate
 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL
CMP.NO: /2017
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

CONDONE THE NON COMPLIANCE OF CONDITION PETITION Filed by

Advocate P.MICHAEL for and on behalf of the above named
Petitioner/Accused

The petitioner is the accused in the above case.

Due to oversight the petitioner had appeared before this Hon’ble Court on
01/01/2017 and signed in the condition note and did not appear before this
Hon’ble Court on 02/01/2017 hence this court issued Non Bail able Warrant to the
petitioner/accused.

The petitioner voluntarily surrender before this Hon’ble court today in view of the
Non Bailabe Warrant issued by this Hon’ble Court on 02/01/2017 for non
appearance.

The non-appearance of the petitioner is not willful but only due to the above stated
reason.

Hence it is prayed that this Hon’ble Court may be pleased to condone the non
compliance of condition on 02/01/2017 and allow this petition in the interest of
justice..

Dated at Nagercoil this the 3rd day of January 2016

Counsel for Petitioner/accused

 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL

S.C.NO: 101 /2012

Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

Memo of Appearance

Memo of Appearance filed by Advocate P.MICHAEL for and

on behalf of the Petitioner /accused U/R 29(1) Cri R.P.

I am duly instructed by the Petitioner /accused to appear and plead for

him/them before this court.

Nagercoil ADVOCATE

26/11/2014
 BEFORE THE HON’BLE FAST TRACK
MAHILA COURT AT NAGERCOIL

S.C.NO: 101 /2012

Between
Bellarmin Samraj, aged 41 years
S/o.Rajayyan, ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

Memo of Appearance

COUNSEL FOR ACCUSED

_
P.MICHAEL.,M.A.,M.Sc.,M.B.A.,M.L.,
 Advocate
En.roll.No: 2610/2006
81,Court Road,
Nagercoil- 629001
Ph : 9486249260

BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL

CMP.NO: /2016
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

APPLICATION FOR BAIL filed by Advocate P.MICHAEL for and

on behalf of the above named Petitioner/Accused u/s 439 Cr.P.C

The Inspector of police, Karungal registered a case in Crime

No: 291/2011 dated 17/06/2011 u/s. 498(A), 302 IPC

The allegations stated in the FIR is that on 17/06/2011 the

Petitioner/ Accused had harrassed and murdered the deceased.

In this case the trial has commenced and this Petitioner/

Accused used to appear in every date of hearing if not condone the absence
petition will be filed in his absence u/s.317 Cr.P.C .

On 19/07/2016 the case had been posted for the appearance of

Petitioner/ Accused and to file process for the prosecution witnesses . Due
to illness the Petitioner/ Accused was unable to appear before this Hon’ble
court and file the process hence this Hon’ble court issued Non Bailable
Warrent against the Petitioner/ Accused. And while the Petitioner/ Accused
was taking treatment in his house for his illness on 23/08/2016 the
respondent police arrested the Petitioner/ Accused and produced before this
Hon’ble Court. And this Hon’ble court remanded the Petitioner/ Accused to
Judicial custody on 23/08/2016.

Hence this application is filed

GROUNDS
1. The petitioner is quite innocent of the offences alleged against him in the
F.I.R

2. The petitioner is no way connected with the occurrence alleged in the F.I.R.

3. On 21/6/2016 the Petitioner/ Accused had been admitted in Bensam

Hospital, Kalliancadu, Nagercoil as In-Patient and discharged on
30/6/2016 during that period of treatment on 23/06/2016 CECT/NECT
AXIAL SECTIONS OF ABDOMEN had been taken and the doctor had
given the following Impression

 Hepatomegaly. Bulky spleen.GB wall edema

 Minimal ascites. Mild edema in proximal descending colon loops.
 Mild cortical edema in both kidneys-?nephritis. Cholelithiasis

4. CECT/NECT had been taken and the doctor had given the following
Impression
 Thick walled abscess cavity in apical and posterior basal segment of
right lower lobe. Air space pneumonitis in right middle lobe, left
lingular lobe, basal segments of right lower lobe.
 Mild pneumonitis in anterior segment of left upper and in left lower
lobe.
 Mediastinal lymphadenopathy

5. The petitioner had no intention to abscond nor evade from the process of
law.
6. For the purpose of the case the petitioner had requested the doctor to
discharge on 30/6/2016 and appeared before this Hon’ble Court for further
hearings.
7. Now the petitioner health is in risk and the petitioner requires better
treatment to safe guard his life

8. There are solvent sureties to secure their presence before court of law.

9. No similar petition is filed or pending before this Hon’ble court or before the
Hon’ble High Court. This Hon’ble court had dismissed earlier two
application. This is the third application.

10.This Hon’ble Court had dissmissed the first bail application in CMP.NO:
684/2016 dated 30/8/2016. Due to the illhealth the petitioner is in pathetic
stage without further medical treatment. And already all the medical records
had been produced before this Hon’ble Court for perusal.

Hence it is humbly prayed that this Hon’ble court may be

pleased to release the petitioner/accused on Bail and allow this petition in the
interest of justice.
Dated at Nagercoil this the 22nd day of September 2016

Counsel for Petitioner/accused

P.MICHAEL

BEFORE THE HON’BLE FAST TRACK

MAHILA COURT AT NAGERCOIL

CMP.NO: /2016
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

APPLICATION FOR BAIL filed by

Advocate P.MICHAEL for and on behalf
of the above named Petitioner/Accused u/s
439 Cr.P.C

Advocate
BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL

CMP.NO: /2016
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

APPLICATION FOR RELAXATION OF CONDITION filed by

Advocate P.MICHAEL for and on behalf of the above named
Petitioner/Accused u/s 439(1)(b) Cr.P.C

The Inspector of police, Karungal registered a case in Crime

No: 291/2011 dated 17/06/2011 u/s. 498(A), 302 IPC

On 19/07/2016 the case had been posted for the appearance of

Petitioner/ Accused and to file process for the prosecution witnesses . Due
to illness the Petitioner/ Accused was unable to appear before this Hon’ble
court and file the process hence this Hon’ble court issued Non Bailable
Warrent against the Petitioner/ Accused. And while the Petitioner/ Accused
was taking treatment in his house for his illness on 23/08/2016 the
respondent police arrested the Petitioner/ Accused and produced before this
Hon’ble Court. And this Hon’ble court remanded the Petitioner/ Accused to
Judicial custody on 23/08/2016.

This Hon’ble court granted Bail to the petitioner/accused on

24/09/2016 subject to conditition. As per the order of this Hon’ble court the
petitioner/accused executed two sureties on 26/09/2016 and from
27/09/2016 onwards the petitioner/accused is appearing before this Hon’ble
court every day at 10A.M regularly

Hence this application is filed

 GROUNDS

1. The petitioner is quite innocent of the offences alleged against him in the
F.I.R

2. The petitioner is no way connected with the occurrence alleged in the F.I.R.
.
3. The petitioner will not abscond nor evade the process of law.

4. No similar petition is pending in any other court including this Hon’ble

Court.

Hence it is humbly prayed that this Hon’ble court may be pleased to relax
the condition imposed on the Petitioner/accused and allow this petition in the
interest of justice.

Dated at Nagercoil this the 13th day of October 2016

Advocate

4.
 BEFORE THE HON’BLE FAST TRACK
MAHILA COURT AT NAGERCOIL

CMP.NO: /2016
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

APPLICATION FOR RELAXATION OF

CONDITION filed by Advocate
P.MICHAEL for and on behalf of the
above named Petitioner/Accused u/s
439(1)(b) Cr.P.C

Advocate
 BEFORE THE HON’BLE FAST TRACK MAHILA COURT AT NAGERCOIL

CMP.NO: /2016
IN
S.C.NO: 101 /2012
Between
Bellarmin Samraj, aged 42 years
S/o.Rajayyan,
Paeppali vilai,
Thakkalivillai,
Pallapallam. ………Petitioner/ Accused
and

Inspector of police
Karungal ……….Respondent/Complainant

Sureties Memo filed by Advocate P.MICHAEL on behalf of the above named

Petitioner/Accused

The petitioner is the accused in the above case.

This Hon’ble court granted bail to the petitioner/accused subject to condition that
the petitioner should execute a bond for a sum of Rs.10,000/- with two sureties
each for a likesum to the satification of this Hon’ble Court

The petitioner produces two solvent sureties along with VAO Certificate,Tax
receipts and Ration card .

Hence it is prayed that this Hon’ble Court may be pleased to accept

the sureties’ memo in the interest of justice.
Dated at Nagercoil this the 26th day of September 2016

Counsel for Petitioner/accused