Chithiraivelu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10466 of 2015 1 CHITHIRAIVELU 2 ARUMUGAM 3 RAJENDRAN ... PETITIONER(S) / ACCUSED 1 to 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DIST, CR.NO. 224/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 306 IPC in Crime No.224 of 2015 on the file of the respondent police and hence, seek anticipatory bail. Initially, the case was registered under Section 174 of Cr.P.C.

2.One Sasikumar lodged a complaint stating that the deceased Peramaiya and Manjula did not have issues even after 15 years of marriage and therefore, they had been in depressed state of mind and on 25.05.2015, they consumed poison and died.

3.The allegation against the petitioners is that the deceased had borrowed a sum of Rs.11⁄2 lakhs from the third petitioner and the petitioners 1 and 2 stood as guarantors and they had harassed the deceased for repayment of the loan amount.

4.The learned counsel for the petitioners submitted that initially, the case was registered under Section 174 of Cr.P.C and subsequently, the case was altered into Section 306 IPC. The learned counsel further submitted that the deceased were running, an unregistered chit company and they borrowed money from so many persons and they suffered loss in the business and therefore, they committed suicide. It is further submitted that creditors of the deceased are now being implicated in this case. The learned counsel further submitted that the petitioners are innocents and they not commit any olffence.

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5.The learned Government Advocate(Crl.side) appearing for the State submitted that the accused have harassed the deceased to recover the loan amount of Rs.1 1⁄2 lakhs, which led to suicide by the deceased. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Alangudi, on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

8. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 11/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT. +1. CC to M/S.D.RAMESHKUMAR Advocate SR.No. 29988. TS/12.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.10466 of 2015 Date :11/06/2015 https://hcservices.ecourts.gov.in/hcservices/