David Samuel Raja v. State Of Tamilnadu Rep By Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY
1. David Samuel Raja, S/o.Shanmugam
2. Balakrishnan S/o.Thangeswaran
3. Maheswari, D/o.Balakrishnan
4. Veera Mareesswaran, S/o.Shanmugam ..Petitioners/Accused Nos.3,4,5 & 6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.493 of 2025) .. Respondent/Complainant For Petitioners : Mr.S.Ramasamy Advocate For Respondent : Mr.A.S.Abdul Kalaam Azad Government Advocate (Criminal Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.493 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 108 of BNS, 2023 in Crime No.493 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first accused is a friend of the deceased Ananth. The first accused stated to the deceased that if he will pay Rs.50Lakhs, the first accused will generate it as one crore shortly. On believing his words, the deceased borrowed a sum of Rs.30,00,000/- from A2 to A12 and gave it to A1. In the mean time, all the accused who paid money to the deceased were demanding the amount which was borrowed by him and further they are all threatened to kill him by showing the knife. When the deceased demanded amount from A1, he refused to repay the money and threatened to kill him. Due to mental agony, the deceased Ananth had committed suicide by hanging. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the 2/5
prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the deceased borrowed some amount from the petitioners and failed to repaid the same, hence, the petitioners threatened the deceased and asked to repay the amount. Due to mental agony, the deceased Ananth committed suicide. The defacto-complainant is the wife of the deceased. The respondent police recovered the suicidal note. There are no previous cases against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and also considering the fact that the suicidal note was recovered by the respondent police, there are no previous cases against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Sivakasi on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a 3/5
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 Judicial Magistrate No.2, Sivakasi and on further conditions that:
(a) the petitioners 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate No.2, Sivakasi. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.2, Sivakasi;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners shall not abscond either during investigation or trial; (f) 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 4/5
Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 02/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO
1. The Judicial Magistrate No.2, Sivakasi
2. The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.RAMASAMY, Advocate ( SR-9581[I] dated 03/09/2025 )
ORDER
IN CRL OP(MD) No.14462 of 2025 Date :02/09/2025 HPS/11.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5