Mr.G.K.Rajkumar @ Rajkumar Gopalsamy Krishnaraj v. The State Rep. By The Inspector Of Police,

M.NIRMAL KUMAR, J.

This matter came up for hearing today under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner. 2.It is submitted that in the petition the satisfaction Court has been wrongly mentioned as "Principal District and Sessions Judge, Salem" instead of "Judicial Magistrate No.III, Salem". 3.Registry is directed to issue fresh order copy after incorporating the necessary corrections.

23.07.2025 rsi Page No.1 of 9

M.NIRMAL KUMAR, J.

rsi 23.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR G.K.Rajkumar @ Rajkumar Gopalsamy Krishnaraj ... Petitioner/A1 Vs.

State Rep by, The Inspector of Police, Shevapettai Police Station, Salem District.

Crime No.266 of 2025 ... 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 his arrest in connection with Crime No. 266 of 2025 on the file of respondent Police.

For Petitioner :M/s.M.Dinesh For Respondent :Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) Page No.3 of 9

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 351(2) of BNS & 4 of TN PCEI Act, 2003 in Crime No.266 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant's husband. Petitioner/A1 is the land lord who had rented out his premise to the defacto complaint and her husband (deceased) However accused Nos.2 to 8 are money lenders from whom the defacto complainant and her husband borrowed money in order to develop their catering business. Seeking to repay the borrowed amount and rent to be paid to A1, A1 and other accused have demanded money and threatened the deceased. After a period of seven days, the deceased committed suicide after leaving a suicide note. 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 submits that the deceased committed suicide after 7 days Page No.4 of 9

from the date of wordy quarrel took place and hence, it cannot be said that the deceased committed suicide only because of the petitioner. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the deceased has clearly mentioned in his suicide note that A1 is the main reason for his death. He further submits that initially FIR in Crime No.264 of 2024 has been registered under Section 174 Cr.P.C. against the accused persons and after obtaining the suicide note another FIR in Crime No.266 of 2025 has been registered against the accused persons. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and Page No.5 of 9

since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 made ready, before the learned Principal District and Sessions Judge, Salem 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

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[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders;

[d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required;

[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;;

[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR Page No.7 of 9

can be registered under Section 269 of B.N.S. 10.07.2025 rap To

1. The Principal District and Sessions Judge, Salem

2. The Inspector of Police, Shevapettai Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rap 10.07.2025 Page No.9 of 9