Sanjai Ragul v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Sanjai Ragul ...Petitioner Vs.

The State Rep by The Inspector of Police, Hudco Police Station, Krishnagiri District.

(Crime No.273 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail connected in Cr.No.273 of 2023 on the file of the respondent Police.

For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody 1/7

on 06.08.2023 for the offences punishable under Section 174 Cr.P.C, thereafter, altered into under Section 306 I.P.C in Cr.No.273 of 2023, seeks bail.

2.It is the submission of the learned counsel for the petitioner that petitioner is falsely implicated as accused in Cr.No.273 of 2023, originally registered under Section 174 Cr.P.C and altered into under Section 306 I.P.C. Petitioner was noway responsible for commission of suicide by the deceased. Petitioner is in judicial custody from 06.08.2023. Thus, he seeks bail.

3.In response, the learned Additional Public Prosecutor submitted that petitioner is a relative of the deceased Blessing Jeba. They were in love with each other. While that being the case, petitioner started loving another girl and asked the deceased not to disturb him. When the deceased tried to contact him, petitioner said to have threatened the deceased that if she disturbs him, he would upload the nude photographs sent by the deceased. When the deceased made a call to the petitioner at about 09.00 a.m. on 29.07.2023, the petitioner said to have told her that 2/7

only if she dies, he will be in peace. Not able to bear this, deceased said to have committed suicide at about 08.30 p.m. on 29.07.2023, by hanging.

4.Considered the rival submissions and perused the records. 5.To a query, as to whether any materials available with regard to the allegation made against the petitioner that he threatened the deceased that he would upload nude photographs, unless she listen to him, the learned Additional Public Prosecutor answered in negative. 6.In the said circumstances, considering the fact that there is no material as of now available to show that petitioner had instigated the commission of suicide by the deceased, that petitioner is in judicial custody from 06.08.2023 and that material part of the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner with conditions.

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7. 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 learned Judicial Magistrate-2, Hosur, and on further conditions that :- [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 Tirupuvanam Police station, Sivagangai district, daily at 10.00.a.m., until further orders.

[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 4/7

can be registered under Section 229A IPC.

29.08.2023 ep To 1.The Judicial Magistrate No.2, Hosur.

2.The Inspector of Police, Hudco Police Station, Krishnagiri District.

3.Tirupuvanam Police Station, Sivagangai District.

4.District Prison, Dharmapuri.

5.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN.

J.

ep 6/7

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