Praveen Sarathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The HONOURABLE MR. JUSTICE K.RAJASEKAR Praveen Sarathan ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Devathanapatti Police Station, Theni District.

(Crime No.145 of 2025) ... Respondent/ Complainant For Petitioner : Ms.A.S.Neela Narayani For Respondent : Mr.M.Karunanithi Government Advocate (Crl Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.145 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/4

The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 108 of BNS, 2023 in Crime No.145 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is working as a collection agent of one private financial firm and he has threatened the defacto complainant to repay the loan amount, warning that he would otherwise take severe coercive steps and humiliate him. Aggrieved over the same, the deceased has committed suicide by hanging on the next day. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner, and he is ready to co-operate for investigation.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that a case has been registered against the petitioner and investigation is still pending.

5.Considering the nature of allegations and also considering the fact that the deceased had committed suicide allegedly due to humiliation over non payment of loan amount as demanded by the petitioner herein, this Court is of the view that no custodial interrogation is necessary and I am inclined to grant anticipatory bail to 2/4

the petitioner with certain conditions.

6.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) 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 conditions that:

(a)the petitioner 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 petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks, and co-operate for investigation; (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 3/4

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 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MGA TO 1.The Judicial Magistrate, Periyakulam.

2. Do through the Chief Judicial Magistrate,Theni. 3.The Inspector of Police,Devathanapatti Police Station,Theni District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.A.S.NEELA NARAYANI, Advocate ( SR-5555[I] dated 15/05/2025 ) ORDER IN CRL OP(MD) No.8650 of 2025 Date :14/05/2025 PP/26.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4