Ajeem Alias Chitta v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Ajeem Alias Chitta Petitioner(s) Vs State rep by The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District. Crime No.177 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in crime No.177 of 2025 on the file of the Inspector of police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

For Petitioner(s):

Mr.Vinodh Kumar

For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 194 of BNSS Act, 2023 altered into Section 108 of BNS r/w. Sections 3 & 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.177 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused demanded back the money borrowed by the deceased in this case as a hand loan but the same was not repaid by the petitioner and harassed the deceased, by scolding filthy language. Since he was unable to return back the money, committed suicide by hanging. Hence, the complaint has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is ranked as A2. The defacto complainant borrowed certain amount as a hand loan for his urgent family expense from A1, periodically and the same was not repaid, the petitioner/A2 along with A1 forced him to settle the amount. Hence, the deceased committed suicide by hanging himself. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Criminal Side), and also considering no bad antecedents of the petitioner, and considering the fact that the deceased was died due to insult caused by him for failure to repay the amount borrowed, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gudiyatham, on condition that the petitioner shall execute a bond for a sum

of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of

Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

17-11-2025 gbi

To 1.State rep by The Inspector of Police, Gudiyatham Taluk Police STation, Gudiyatham, Vellore District. Crime No.177 of 2025 2.The Judicial Magistrate, Gudiyatham.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 31291 of 17-11-2025