Chinnamani Nadar@Chinnamani v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24007 of 2021 1.Chinnamani Nadar @ Chinnamani 2.Saravan Nadar @ Saravanan .. Petitioners Vs.
The State Rep.by The Inspector of Police, Perambalur Police Station, Perambalur District.
Crime No.1467 of 2021 ...Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on Anticipatory bail in the event of their arrest, in crime No. 1467 of 2021, on the file of the respondent.
For Petitioner : Mr.A.N.Rajan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 306 of IPC in Crime No.1467 of 2021, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the daughter in law of the deceased, who lodged a complaint before the respondent police stated that her father in law committed suicide by drunken pesticide, while dying he stated that taken care of her children, later, her daughter produced the letter before the respondent police, in that letter deceased stated that he was cheated by the petitioners herein along with others, thereby, he committed suicide. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that they are no way connected with the above occurrence as alleged by the prosecution and they have been falsely implicated in this case and he further submitted that petitioners are land vendors and never
known the facts of the case and they only sold the land to the son of the deceased. Merely, the defacto complainant given a false complaint against the petitioners. Hence, he prays for grant of bail. 4.The learned Additional Public Prosecutor submitted that the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the submissions made by both counsel and also considering the fact that first petitioner is more than 77 years and the investigation is almost completed and the petitioners are neighbors , this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - I, Perambalur, on condition that the petitioner shall execute a separate 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 and on further condition that: [a] the petitioners 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 first petitioner shall report before the respondent police as and when required for interrogation and the Second petitioner shall report before the respondent police on every Sunday at 10.30 a.m. Until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 has 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 of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 10/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, PERAMBALUR 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.N.RAJAN Advocate on payment of necessary charges Sr.14486 CRL OP.24007/2021 Date :10/12/2021 RVR 17/12/2021