Raj Kumr @ Raja Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Raj Kumar @ Raja Kumar ... Petitioner/1st Accused Vs The State Rep. By, The Inspector of Police, Sindhupatti Police Station, Madurai District.

(Crime No. 285 of 2021).

... Respondent/Complainant For Petitioner : M/s.Naveenkumar S, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 285 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/ A1, who was arrested and remanded judicial custody on 16.09.2022 for the offences punishable under Sections 174 Cr.P.C @ 306 of IPC in Crime No.285 of 2021, on the file of the respondent police, seeks bail.

2. The petitioner is the employee of IFFCO Tokyo Insurance Company. Insurance police was issued to the vehicle of the deceased on 03.03.2021. The vehicle of the deceased met with an accident and he approached the insurance company to disburse the insurance benefits. The employees of the insurance company assured to pay the amount, thereafter refused to do so. Since the deceased was in debt he asked the petitioner to provide loan, but he refused, due to said frustration he committed suicide 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that 1/3

even on 06.11.2021, the insurance amount of Rs.1,93,500/- was also paid to the deceased as full and final settlement towards insurance and he is no way connected with the said crime. He further submits that the petitioner is in judicial custody from 16.09.2022, hence he seeks bail.

4.The learned Additional Public Prosecutor would submit that due to the mental agony he committed suicide. He would also submit that the investigation is almost completed.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is the comanager of the insurance company also taking into consideration the period of incarceration and also taking note of the fact that the investigation is almost completed, this Court is inclined to grant bail to the petitioner subject to the following conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police on every Tuesday at at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation by the respondent police.

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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 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]. sd/- 07/10/2022 / TRUE COPY / 07/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

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

3. THE OFFICER-INCHARGE, SUB-JAIL, THIRUMANGALAM.

4. THE INSPECTOR OF POLICE, SINDHUPATTI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.P.NAVEENKUMAR, Advocate ( SR-11032[I] dated 07/10/2022 )

ORDER

IN CRL OP(MD) No.17992 of 2022 Date :07/10/2022 aav USK/SBN/SAR-I/07.10.2022/3P/7C 3/3