Narendran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7105 of 2022 Narendran .. Petitioner Vs.

The State rep. by The Inspector of Police, Thiruchengodu Rural Police Station, Namakkal District.

(Crime No.75 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.75 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.C.S.Saravanan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 01.03.2022 for the offences punishable under Sections 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002, in Crime No.75 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein is the money lender. Since the mother of the defacto complainant, who borrowed money, committed suicide, he has threatened the defacto complainant to repay the loan of her deceased mother. This has led to the Registration of F.I.R. The petitioner is not only a money lender and threatened the defacto complainant of dire consequences. He is admittedly running unregistered chit.

3.Consideration of the F.I.R report indicates that unless and until the petitioner is available for the investigation, there may not be any progress in the investigation. Hence, this Court is

inclined to grant bail to the petitioner subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruchengodu.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to report before Coimbatore Race Course twice daily at 10.30 a.m. and 04.30 p.m. until further orders and report before the Investigating Officer as and when required; (d) the petitioner 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 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];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 28/03/2022 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, THIRUCHENGODU, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, THIRUCHENGODE RURAL POLICE STATION, NAMAKKAL DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, NAMAKKAL.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE, COIMBATORE RACE COURSE, COIMBATORE.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.7105/2022 Date :28/03/2022 CSK 29/03/2022