Dinesh Alias Dinesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN 1.Dinesh Alias Dinesh Kumar 2.Sivanraj ... Petitioners/Accused 1 & 2 Vs The State Rep.by The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

Crime No. 49 of 2020.

... Respondent/Complainant For Petitioners : Mr. V. Illanchezian, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No. 49 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 and A2, apprehending arrest at the hands of the respondent police for the offences punishable under section 4 of TNPHW Act @ 306 of IPC in Crime No.49 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant borrowed a sum of Rs.90,000/- from one finance company for the purpose of family expenses and to run the business of her husband. She was not paid any installment and hence, the finance company staffs went to the defacto complainant house for collecting the installments. Immediately the defacto complainant contacted her 1/3

husband and informed him regarding the demand of payment of installment. A wordy quarrel aroused between the defacto complainant and the husband, she went inside the house, poured kerosene on herself and set fire. Hence, the respondent police recorded the statement from the defacto complainant and registered a case. Subsequently, she died in the hospital and the crime was altered into for an offence under Section 306 of IPC. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are nothing to do with the alleged offences and they were falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 5.The learned Government Advocate (Crl.Side), appearing for the respondent police objected to grant anticipatory bail to the petitioners.

6.Considering the facts and circumstances of the case and also considering the fact that only the petitioners went to the defacto complainant house and demanded repayment of the installments and when the same was informed by the deceased to her husband, the quarrel arose between them and the defacto complainant committed suicide, I am 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 their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioners and 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 petitioners shall report before the respondent police as and when required for interrogation.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.8563 of 2020 Date :20/08/2020 vsd AE/VR/SAR-III (26.08.2020) 3P 5C 3/3