S.Paneerselvam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Paneerselvam

...Petitioner

Vs.

State rep. by:

Inspector of Police, Kallakurichi Police Station.

(Crime No.303/2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused on bail in Crime No.303 of 2022 on the file of the respondent police.

For Petitioner : Mr.L.Ramu For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.07.2022 for the offences punishable under Section 306 of IPC in crime No.303 of 2022 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that de-facto complainant's son worked as an employee in the petitioner's company. It is alleged that petitioner and his friend abetted the deceased to commit suicide. Hence, the complaint.

3. Even according to the case of the prosecution, deceased was working under the petitioner. Due to work pressure given by the petitioner who is being the employer, he committed suicide by jumping into Well. There is no instigation by the petitioner to commit suicide.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e., 05.07.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court no.1 at Kallakurichi, and on further conditions that:

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[a] 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[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 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.

20.07.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate Court no.1 at Kallakurichi. 2.The Inspector of Police, Kallakurichi Police Station.

3.Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.16946 of 2022 20.07.2022 4/4