R.Senthil v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.R.Senthil, S/o.Raja 2.S.Murugadass, S/o.Set ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Tenkarai Police Station, Theni District.
(Crime No.220 of 2025) ... Respondent/Complainant For Petitioners : Mr.J.Jeyakumaran, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6
PRAYER :- For Anticipatory Bail in Crime No.220 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS and later, altered as Section 108 of BNS in Crime No.220 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the de-facto complainant is the wife of the deceased, who was working as a coolie. It is alleged that the deceased had borrowed a housing loan of Rs.8,40,000/- from Aadhar Housing Finance Limited (hereinafter referred to as AHFL). As he failed to pay the due amount for a period of four months, on 06.05.2025, the accused persons went to his house and demanded payment of the arrears, warning that the house would be sealed if the amount was not paid. On 07.05.2025, the accused persons allegedly made repeated phone calls to the deceased, pressuring him to clear the dues. On the following day, i.e. on 08.05.2025, at around 9:00 a.m., the deceased was found unconscious in a cowshed and later passed away. Hence, the case.
3. The learned counsel for the petitioners submitted that the 1st petitioner is the Branch Collection Manager and the 2nd petitioner is an Executive at AHFL. The deceased had borrowed a loan of Rs.8,40,000/- from AHFL and was regularly 2/6
repaying the dues. However, he defaulted on the payments for about four months. On 06.05.2025, the petitioners approached the deceased and advised him to repay the outstanding dues, informing him that, failing repayment, AHFL would initiate recovery proceedings under the SARFAESI Act. He submitted that, apprehending such legal action, the deceased may have committed suicide. The petitioners are in no way connected to the death of the deceased. He further submitted that the petitioners are ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the petitioners had threatened the deceased, stating that they would seize his house, and as a result, he consumed poison. No suicide note has been found. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and considering the fact that as the date of occurrence is 07.05.2025, by this time most of the material part of the investigation would likely have been completed, and also considering the fact that no suicide note has been found in this, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of 3/6
receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam 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 Judicial Magistrate, Periyakulam 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Periyakulam. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Periyakulam;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 4/6
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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 13/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, TENKARAI POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-6318[I] dated 16/06/2025 ) 5/6
ORDER
IN CRL OP(MD) No.9096 of 2025 Date :13/06/2025 SA/SAR. /24.06.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6