Perumal v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP. 30481 of 2024 PERUMAL S/O.PERUMAL, 41/R NO.7, SONAIMUTHU KONAR LANE, YMR PATTI, DINDIGUL DISTRICT. AND 2 OTHERS PETITIONER(S) Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE, GRAND BAZAR POLICE STATION, PUDUCHERY DISTRICT.

CRIME NO.0142/2024 RESPONDENT(S) Crl.O.P.No.30481 of 2024: Petition is filed under Section 482 of BNSS, 2023 to enlarge the petitioners on bail in the event of their arrest in Crime No.0142 of 2024.

For Petitioner(s):

S.SARAVANAKUMAR For Respondent(s): Mr.K.S.MOHANDASS ADDITIONAL PUBLIC PROSECUTOR PUDUCHERRY

O R D E R

The case of the prosecution is based on the complaint given by the front Office Manager of FINIX Residency Pvt Ltd on 09.08.2024 that Page No.1 of 5

four persons had committed suicide inside the hotel room and the case in Crime No.142 of 2024 came to be registered by the respondent police. During the course of investigation, the respondent police had recovered suicide note of the deceased and came to light that the Accused Perumal, Manoj and Kalidas have given a false complaint against the deceased and the Accused had threatened their family members due to which they had come to Puducherry from Dindigul and committed suicide.

2. Learned Counsel for the petitioners would submit that the petitioners are innocent and that false complaint was given against them. He would submit that deceased Chandrasekar was dealing in stolen jewels and since the respondent police were taking steps to apprehend him, he had gone along with his family to Puducherry and committed suicide and the petitioners have not abetted the victim to commit suicide.

3. Learned Additional Public Prosecutor (Puducherry) would submit that four persons were found inside the hotel room and they had committed suicide. Suicide note was recovered from the room where the deceased had stated that one Manoj, Perumal, Kalidas and brother of Perumal were responsible for the suicide and they abetted to commit suicide.

4. Having heard the learned counsel for the petitioner and the Page No.2 of 5

learned Additional Public Prosecutor (Puducherry) for the respondent police and perused the materials available on record including the copy of the suicide note, this Court is inclined to grant anticipatory bail to second and third petitioners with certain conditions and taking note of the antecedents of the first petitioner and the contents of the suicide note, this Court is not inclined to grant bail to the first petitioner and thereby, the petition, insofar as the first petitioner is concerned, is liable to be dismissed.

5. Accordingly, the Criminal Original Petition in respect of the first petitioner stands dismissed and in respect of the second and third petitioner, the Criminal Original Petition stands ordered. Thereby, the second and third 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 Sub-Divisional Magistrate (North), Puducherry on condition that the petitioners 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 said Magistrate, on further condition that: [a] if the petitioners fails to surrender before the said Page No.3 of 5

Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter on every Saturday 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 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

13.12.2024 Shl Page No.4 of 5

A.D.JAGADISH CHANDIRA , J.

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