Kathiresan @ Kathir, v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6216 of 2022 1.Kathiresan @ Kathir 2.D.Hariharan @ Hari 3.Padmanaban @ Padmakumar ... Petitioners Vs.
State rep. by The Inspector of Police, Palladam Police Station, Tiruppur, Tiruppur District.
(Crime No.207 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.207 of 2022 on the file of the respondent Police.
For Petitioners : Mr.R.Sunil Kumar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioners/A1, A4 and A6, who were arrested for the offences punishable under Sections 306 of IPC in Crime No.207 of 2022, on the file of the respondent police, seek bail.
2. The petitioners are the accused 1, 4 and 6, who are the Deputy Managers and other staffs of the Car showroom. They were arrested based on the suicide note left by one Sangeeth Kumar, who was working as a Sales Executive in the petitioners showroom. According
to the F.I.R., without permission and knowledge of his higher officials, Sangeeth Kumar has taken the test drive car and caused accident and without informing about that, he has left the car in the showroom. On knowing about that, the petitioners and others questioned him and issued show cause notice to him for which, he has given his explanation. Thereafter, Sangeeth Kumar committed suicide leaving a suicide note. In the suicide note, this Court finds that the deceased admitted about his conduct of taking test car without permission, causing accident and leaving it at an early hours of 27.02.2022 in the showroom. It appears that the deceased has committed suicide leaving suicide note. Now, these petitioners have been arrested for reprimanding the staff, who has done an illegal act. 3.
Considering the suicide note alleged to have been recovered and the content of the suicide note, this Court finds that these petitioners shall be granted bail and accordingly, they are ordered to be released on bail subject to the following conditions; (a) Each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam, Tiruppur District.
(c) the petitioners are directed to report before the Investigating Officer daily at 10.30 a.m. until further orders.
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Judicial 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 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 17/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, PALLADAM, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR DISTRICT.
4 THE OFFICER INCHARGE SUB JAIL, DHARAPURAM.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. R. SUNIL KUMAR Advocate on payment of necessary charges SR.NO.4120 CRL OP.6216/2022 Date :17/03/2022 JPA 21/03/2022