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Madras High CourtCRL OP(MD)/12585/2019granted

P.T. Nehrupandian v. The Sub Inspector Of Police

2019-09-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12585 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12585 of 2019 P.T.Nehrupandian ... Petitioner/Sole Accused Vs State Rep.by The Sub-Inspector of Police, Dindigul Taluk Police Station, Dindigul,Dindigul District (Crime No.505/2019). ... Respondent/Complainant For Petitioner : M/s.B.Saravanan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.505/2019 on the file of the respondent police .

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 306 of I.P.C., in Crime No. 505 of 2019, on the file of the respondent police, seeks anticipatory bail.

3.The defacto complainant is the wife of the deceased Rajthilak. He had left suicide note dated 01.09.2019, stating that the petitioner owes to pay him a sum of Rs.8,00,000/- and that when he demanded the same, he was physically assaulted. 4.It is not the place to adjudicate the liability of the petitioner, whether he owes to pay the deceased a sum of Rs.8,00,000/-. Even assuming for a moment that the petitioner owes money to the deceased, still, the petitioner cannot be blamed for https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12585 of 2019 the commission of suicide by the Rajthilak. The petitioner cannot said to have intended that Rajthilak to die. Hence, on the very face of it, the offence of suicide is made out. This observations is made only for the purpose of granting anticipatory bail and it will not have any bearing on the investigation. 5.Taking note of the facts and circumstances, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Dindigul, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,DINDIGUL 2 -DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE SUB INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL,DINDIGUL DISTRICT

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

+1 CC to M/s.B.SARAVANAN, Advocate ( SR-15198[I] dated 10/09/2019) ORDER IN CRL OP(MD) No.12585 of 2019 Date :10/09/2019 SJI ES/PN/SAR 2/17.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2