Singarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Singarasu ... Petitioner/Accused (Rank Not Known) Vs State Rep.by The Inspector of Police, Cumbum North Police Station, Theni District.

Crime No.16 of 2019 ... Respondent/Complainant For Petitioner : M/s.A.K.Manickam, Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 16 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174 of Cr.P.C subsequently altered into Section 306 of IPC, in Crime No.16 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that as per the FIR, the deceased borrowed the money from the accused persons, for which, they demanded huge interest and principal amount. Due to which, the deceased committed suicide. He further submitted that already A1 to A4 were arrested and 1/3

subsequently released on bail and the main accused No.5 was already granted anticipatory bail by this Court, and hence, he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent has submitted that already A1 to A4 were arrested and subsequently released on bail and the main accused No.5 was already granted anticipatory bail by this Court. She further submitted that the investigation is still pending. Hence, she opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration of the fact that the main allegation was made against one Alagurani, who has been arrayed as accused No.5 was granted anticipatory bail by this Court and also the fact that already A1 to A4 were arrested and subsequently released on bail and also the fact that the age of the petitioner is 77 years, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten 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 condition that: (i) If the petitioner fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required before the respondent police for interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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]. 2/3

(vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.A.K.MANICKAM Advocate SR.No.13649

ORDER

IN CRL OP(MD) No.11129 of 2019 Date :16/08/2019 MS/VR/SAR-4/20.08.2019/3P.6C 3/3