CRL OP(MD)/16120/2020 of C.Selvam Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

C.Selvam ... Petitioner/AccusedRank Not Known

Vs

The State rep.by The Inspector of Police,Pamban Police Station,Ramanathapuram District.

Crime No.320 of 2020 ... Respondent/Complainant For Petitioner : Mr.J.Senthilkumar, Advocate. For Respondent : Mr.Seenivasan, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.320 of 2020 on the file ofthe Respondent ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of therespondent police for the offences punishable under sections 174 @306 IPC., in Crime No.320 of 2020 on the file of the respondentpolice, seeks anticipatory bail.

3.A reading of the First Information Report shows that thedeceased was in severe financial stress, since he had borrowed moneyfrom several persons. As per the allegations made in the FIR, it isseen that on 15.12.2020 at about 11.45 am., the petitioner alongwith some other persons went to deceased house and demanded returnof money, when the deceased was not in the house. They also usedhttps://hcservices.ecourts.gov.in/hcservices/some abusive words, and cursed him to hang himself. Except this allegation, no other overt act has been attributed against thepetitioner.

4.Even though the petitioner lent some money to the deceased,he would not have intended the deceased to commit suicide, by hiscurse and abusive words. The facts and circumstances of the caseclearly shows that the deceased was under financial stress and hewas under mental stress. Considering the nature of thecircumstances and the overt act attributed against the petitioner, Iam inclined to grant anticipatory bail to the petitioner withcertain conditions.

5.Accordingly, petitioner is ordered to be released on bail inthe event of arrest or on his appearance before the learned JudicialMagistrate, Rameswaram and on his executing a bond for a sum ofRs.10,000/- (Rupees Ten thousand only) with two sureties each for alike sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of thelearned Magistrate concerned and on further condition that:

(a) The petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioner shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen required for interrogation.(c)the petitioner shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioner shall not abscond either during investigationor trial; (e)on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

sd/-

Madurai Bench of Madras High Court,https://hcservices.ecourts.gov.in/hcservices/ 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 correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1.THE JUDICIAL MAGISTRATE, RAMESWARAM.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, PAMBAN POLICE STATION, RAMANATHAPURAM DISTRICT.

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