N.Venkadesh v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 30.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH N.Venkatesh ... Petitioner/A1 Vs The State rep. by The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime No.42 of 2025) ... Respondent/Complainant For petitioner : Mr.R.Ponkarthikeyan, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For Bail in Crime No.42 of 2025 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 15.01.2025 for the alleged offences under Sections 62 of BNS and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.42 of 2025, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the deceased was an engineer working in stock market. He was in urgent need of money and therefore, A1 introduced the deceased to A2, from whom the deceased borrowed a sum of Rs. 5,00,000/-. The deceased was paying a sum of Rs. 30,000/- every week. Due to business losses, the deceased was not able to pay the interest. Hence, the deceased was threatened and asked to hand over the two-wheeler. Due to the harassment, the deceased consumed pesticide and was admitted to the hospital, where the deceased later died on 17.01.2025. There are 2 accused persons in this case. The petitioner has been arrayed as A1, who is said to have introduced the deceased to A2.

3. Heard the learned counsel on either side and perused the material records of the case.

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4. Taking into consideration the facts and circumstances of the case and considering the fact that the allegation against the petitioner is that he introduced the deceased to A2, and the deceased had actually borrowed the money from A2 and was harassed by A2 for non-payment of interest, which led to the suicide of the deceased, and also considering the fact that there are 2 previous cases against the petitioner for other IPC offences and the petitioner has suffered incarceration from 15.01.2025, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Cheranmahadevi and on further conditions that:- [a] 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 petitioner shall appear before the learned respondent police, on every Monday, Wednesday, and Friday at 10.30 a.m., until further orders. 3/5

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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, 2023.

sd/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN 4/5

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-1094[I] dated 30/01/2025 )

ORDER

IN CRL OP(MD) No.1914 of 2025 Date :30/01/2025 SS/SAR- /30/01/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5