N.Palanisamy v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25750 of 2025

1. N. Palanisamy

2. S. Nandhakumar ... Petitioners/Accused 1 and 2 Vs The State rep. by, The Sub Inspector of Police, Negaman Police Station, Coimbatore District.

(Crime No.195 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.195 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.S. Silambu Selvan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who was arrested and remanded to judicial custody on 17.08.2025, for the offence under Sections 194 of BNS altered to Sections 108 and 296(b) and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act in Crime No.195 of 2025, registered on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners went to the house of the defacto complainant and demanded to re-pay the loan amount and also abused the defacto complainant in filthy language. Due to the insult and the way in which the petitioners demanded the money, the husband of the defacto complainant committed suicide by way hanging. Hence a case was registered by the respondent police.

3.The learned counsel appearing for the petitioners submitted that this petitioners went to the defacto complainant's house only to collect the money and not abused her. The deceased unable to re-pay the loan amount committed suicide by hanging. Hence, the petitioners are no way connected with the offence as alleged by the prosecution. Hence, prays to grant bail 2/6

to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that investigation in this case is not yet completed and there is no previous case pending against the petitioners. 5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioners and the fact that there is no previous case pending against the petitioners and the deceased has committed suicide due to non-payment of the loan amount, this Court is inclined to grant bail to the petitioners herein with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.2, Pollachi and on further conditions that:

[a] 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; 3/6

[b] the petitioners 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] 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 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)13 SCC 283];

[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

19.09.2025 smn 4/6

To

1. The Sub Inspector of Police, Negaman Police Station, Coimbatore District.

2. The Judicial Magistrate No.2, Pollachi

3. The Superintendent, Central Prison, Coimbatore

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.25750 of 2025 19.09.2025 6/6