P.Senthil Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 16/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN P.Senthil Murugan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Navalpattu Police Station, Trichy District.

(In Crime No.424/2021). ... Respondent/Complainant For Petitioner : Mr.S.RAMSUNDARVIJAYRAJ, Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.424/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as sole accused was arrested and remanded to judicial custody on 19/10/2021 for the offence punishable under 174 Cr.P.C @ sections 420 and 306 IPC in Crime No.424 of 2021 on the file of the respondent police and seeks bail. 2.The petitioner is facing the charges for the offences under Sections 420 and 306 IPC. There was a money transaction between the deceased and this petitioner.

3.According to the prosecution, because of the abetment that has been made by the petitioner and continuous harassment, the deceased committed suicide.

4.As per the version that has been made in the FIR, according to the wife of the deceased, her husband paid Rs.39,00,000/- to the petitioner for the purpose of investment in the money lending business. The petitioner was paying the interest regularly. Later because of frustration, he demanded money back and this petitioner alleged to have criminally intimidated and tried to engage rowdies for killing the deceased. When a final call was made to the deceased by this petitioner for returning his money, he asked to commit 1/3

suicide and conversationally, on 16.06.2021, the deceased informed that this petitioner asked him to commit suicide and he has also been cheated. So because of the above said, he committed suicide. 5.Reading of the FIR shows that there was a money dispute between this petitioner and the deceased. Whether non-returning of the amount was the cause for the suicide and whether it is a case of abetment or not, is a matter for investigation and trial. 6.The entire CD file is perused. The statement of account of the deceased has also been collected during the course of investigation. So also, the statement of the account of this petitioner has also been collected. Now, almost major portion of the investigation is over.

7.Considering the fact that major portion of the investigation is over, and also considering the duration of custody of the petitioner, this court is of the considered view that the petitioner can be granted bail, since hampering of the investigation and tampering of the witnesses may not be possible, since major portion of the investigation is over.

8.Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate No.III, Trichy and on further condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders. sd/- 16/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUCHIRAPPALLI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

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3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.RAMSUNDARVIJAYRAJ.S, Advocate SR.No.9384

ORDER

IN CRL OP(MD) No.19934 of 2021 Date :16/12/2021 ER SA/VR/SAR.4/17.12.2021/3P/7C 3/3