Madras High CourtCRL OP(MD)/5766/2016partly allowed

Puvanenthiran v. The Inspector Of Police

2016-04-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.5766 & 5772 of 2016 PUVANENTHIRAN ... PETITIONER/ ACCUSED No.4 IN CRL OP(MD) No.5766 of 2016 1.PANCHU, 2.RAVI @ RAVICHANDRAN 3.RENGAMMAL @ PINNIAMMAL, 4.PERIYA KARUPPAN, 5.SARASWATHI, 6.CHINNAVANAM @ MAYAKKAL, 7.KARUTHAVANAM, 8.VAIRAMANI ... PETITIONERS/ ACCUSED No.2,3,5,7, 9,10,11 & 13 IN CRL OP(MD) No.5772 of 2016 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 64 OF 2016) ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S S.MUNIYANDI Advocate IN CRL OP(MD) No.5766 of 2016 For Petitioners : M/S P.SENGUTTUARASAN, Advocate IN CRL OP(MD) No.5772 of 2016 For Respondent : M/S.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) IN BOTH PETITIONS PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. COMMON ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.64 of 2016, on the file of the respondent police for offence under Section 306 of I.P.C., the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

3. On reading of the F.I.R., it is seen that the de-facto complainant's parents are very poor agriculturists and that the father of the de-facto complainant, for the marriage of his daughter, had borrowed money from the petitioners herein over a period, amounting to Rs.7 lakhs. The mother of the de-facto complainant was paying huge interest towards https://hcservices.ecourts.gov.in/hcservices/

the amount borrowed from the petitioners, despite which, they did not relieve her from the debt and ultimately, on 27.03.2016, around 8.00 a.m., all the petitioners had abused the mother of the de-facto complainant for not repaying the loan, on account of which, she committed suicide.

4. Taking into consideration the nature of the allegations in the F.I.R., this Court is not inclined to grant anticipatory bail to the petitioners viz., Puvanenthiran, Panchu, Ravi @ Ravichandran, Saraswathi, Karuthavanam, Vairamani and as regards Rengammal @ Pinniammal, Periyakaruppan and Chinnavanam @ Mayakkal, this Court is inclined to grant anticipatory bail as they are senior citizens.

5. Accordingly, the petitioners 3, 4 and 6 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 Judicial Magistrate, Peraiyur, Madurai District on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 learned Magistrate concerned and on further condition that, (a) the petitioners 3 and 6 shall appear before the respondent police daily at 6.30 p.m. until further orders and the 4th petitioner shall appear before the respondent police as and when required. [b] the petitioners 3, 4 and 6 shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners 3, 4 and 6 shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 3, 4 and 6 in accordance with law as if the conditions have been imposed and the petitioners 3, 4 and 6 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]. sd/- 04/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR.

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

4 THE INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT.

+1CC to Mr. P. Senguttuarasan, Advocate, SR.No.18813 akv JM/JGB-DP/SAR-I/07.04.2016/2P-6C CRL OP(MD) Nos.5766 & 5772 of 2016 04/04/2016 https://hcservices.ecourts.gov.in/hcservices/