K.Deeparajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY K.Deeparajan, ... Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, T.Kallupatti Police Station, Madurai District.

Crime No. 203/2024.

... Respondent/Complainant For Petitioner : M/s. Ramalingam,K.C, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.203 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Section 194 of BNS, 2023 @ 108 of BNS in Crime.No.203 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to the work pressure given by the petitioner in the office, the deceased has committed suicide by hanging. Hence, the complaint.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record.

4. Considering the nature of allegations that the petitioner is working as a Inspector of Posts and the deceased was one of the post woman and that she did not properly maintain the account for the collection from the account holders and it is said that she has misappropriated a sum totalling Rs.2,14,237/- and on inquiry it is submitted that the receipt book has been burnt in fire and considering the fact that after the enquiry, the said Sumathi committed suicide, but, she named the petitioner that he only harassed her and considering the argument of the learned counsel for the petitioner that the petitioner only performed his official duty, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions. 2/5

5.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, Peraiyur, Madurai District 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 conditions that:

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

(d)the petitioner shall not abscond either during investigation or trial; 3/5

(e)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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC..

sd/- 23/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, T.KALLUPATTI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.K.C.RAMALINGAM, Advocate ( SR-11561[I] dated 23/09/2024 )

ORDER

IN CRL OP(MD) No.15977 of 2024 Date :23/09/2024 SS/VR/SAR- /09/10/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5