V.Sundararajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.V.Sundararajan 2.C.Saravanakumar ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Koodalpudur Police Station, Madurai District.

Crime No.245 of 2021.

... Respondent/Complainant For Petitioners : Mr.V.KATHIRVELU, Senior counsel for Mr.R.SEUVGARAJA, Advocate For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.245 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 306 IPC in Crime No.245 of 2021, seek anticipatory bail. 2.The case of the prosecution is that the petitioners herein are friends of the defacto complainant's father-in-law. They advised the husband of the defacto complainant to invest money in the share market. Believing the same, the husband of the defacto complainant borrowed money from finance company to the tune of Rs.30 Lakhs and invested the same in the share market. However, there was no profit as expected by the husband of the defacto complainant and he was not in position to repay the money and therefore, on frustration, he committed suicide. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioner are innocents and they have been falsely implicated in this case.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that believing the advice of the petitioners herein the deceased invested huge money in the social market and thereafter, suffered loss. Hence, he committed suicide. He further submitted that investigation is pending. 5.It is seen that the earlier petition for anticipatory bail filed by the petitioner was dismissed on 16.07.2021. This case was registered on 03.05.2021 and till now, the respondent police has not arrested the petitioners.

6.Considering the nature of allegations levelled against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

7.Accordingly, this criminal original petition is allowed and the petitioners 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 No.IV, Madurai, on condition that the petitioners shall execute a 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 NO.IV MADURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, KOODALPUDUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11300 of 2021 Date :24/08/2021 SA/JC/SAR.3/03.09.2021/3P/5C 3/3