Jambunathan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11454 of 2025 Jambunathan .. Petitioner Vs.
The State rep by The Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.
(Crime No.141 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.141 of 2025 on the file of the respondent Police. For Petitioner : M/s.Swami Subramanian For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS @ Section Page No.1 of 7
108 of BNS 2023 in Crime No.141 of 2025, seeks anticipatory bail. 2.
The case of the prosecution is that, in the year 2020, the deceased, who is the husband of the defacto complainant received a sum of Rs.15,00,000/- from the second accused for securing a job for the third accused; that since the husband of the defacto complainant neither secured the job nor repaid the money, the petitioner along with the second and third accused, constantly harassed and humiliated him, demanding repayment of the money, as a result of which the the husband of the defacto complainant committed suicide.
3.
The learned counsel appearing for the petitioner submitted that the petitioner is aged 77 years; that his son and daughter, who are the second and third accused, have been arrested and are still in custody; and that the only allegation against the the petitioner is that he demanded repayment of money from the husband of the defacto complainant, and that has not committed abetment of suicide and prayed for anticipatory bail to the petitioner.
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4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and confirmed that the second and third accused have been arrested and are still in custody. He also produced a copy of the suicide note of the deceased.
5.
This Court had perused the suicide note of the deceased. The suicide note reveals that the petitioner and the other accused demanded repayment of money that was due to them, and they had caused humiliation and harassment to the deceased. Considering the nature of allegations, the age of the petitioner, the fact that the second and third accused have been arrested and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is ordered to be released on bail in Page No.3 of 7
the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Mannargudi, Thiruvarur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police once in a week at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioners 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 Page No.4 of 7
of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
17.04.2025 Index : Yes / No Internet : Yes / No dpa To 1.The Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.
2.The Judicial Magistrate No.I, Mannargudi, Thiruvarur District 3.The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN , J.
dpa Crl.O.P.No.11454 of 2025 Page No.6 of 7
17.04.2025 Page No.7 of 7