Senthilkumar v. The State Rep. By.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K. ILANTHIRAIYAN Senthlkumar ... Petitioner

Versus

The State Rep. by, The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

(Crime No.261 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.261 of 2024 on the file of respondent Police.

For Petitioner : Mr.C.Iyyapparaj For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174 Cr.P.C @ 306 of IPC in Crime No.261 of 2024, on the file of the respondent Page No.1 of 6

Police, seeks anticipatory bail.

2. The case of the prosecution is that the deceased borrowed a sum of Rs.30,00,000/- from the relative of the petitioner (A3) for lesser rate of interest. However, the deceased failed to return the same, due to which, the petitioner and others have threatened him with dire consequences. Thereby, the deceased committed suicide by hanging himself and died. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor reiterated the prosecution case and submitted that the petitioner was initially arrested and produced before the Magistrate, however, his remand was not accepted due to his health condition. At present, the investigation is completed and the final report has been filed, however, it is pending for taking cognizance and he vehemently opposed for grant of anticipatory Page No.2 of 6

bail to the petitioner.

5.In view of the change of circumstances and since custodial interrogation of the petitioner is not required, 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 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, Tiruvannamalai, on condition that the petitioner shall execute 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 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 appear before the learned Page No.3 of 6

Judicial Magistrate I, Tiruvannamalai daily at 10:30 a.m till the end of committal proceedings;

[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 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. 14.07.2025 rap To

1. The Judicial Magistrate I, Tiruvannamalai

2. The Inspector of Police, Page No.4 of 6

Tiruvannamalai Town Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

G.K. ILANTHIRAIYAN , J.

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