The Madras High Court granted bail to the petitioner accused in a case involving suicide due to alleged torture for exorbitant interest. Bail was conditioned on a fixed deposit of Rs.1,00,000 and an affidavit.
Petitioner released on bail with a bond of Rs.10,000, two sureties, and a fixed deposit of Rs.1,00,000 plus an undertaking affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.5032 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 01/04/2021
PRESENT
The Hon`ble Mr.Justice M.NIRMAL KUMAR
CRL OP(MD). No.5032 of 2021
Manoj ... Petitioner/Accused No.2
Vs The State rep.by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District. Crime No.195 of 2021. ... Respondent/Complainant
For Petitioner : Mr.M.Murugesan, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.195 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner/A2, who was arrested and remanded to judicial custody on 23.02.2021 for the offences punishable under Sections 306 of IPC @ Section 4,9 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 on the file of the respondent police seeks bail.
3.The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner. He would also https://hcservices.ecourts.gov.in/hcservices/ submit that the petitioner gave money to the deceased to purchase
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CRL OP(MD). No.5032 of 2021
goats and he did not give any amount as loan for interest to the deceased and there is no necessity for him to demand exorbitant interest. Further the learned counsel for the petitioner, on instructions, from the client submitted that he is ready to make a fixed deposit Rs.50,000/- in favour of the defacto complainant and another Rs.50,000/- in favour of the minor child of the deceased without prejudice to his right and defence and also undertakes to file an affidavit that he will not disturb the defacto complainant and her family members in any manner, make any claim or be a disturbance to her in any manner.
6.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.I,Kovilpatti.
i) While executing sureties the petitioner shall produce the two fixed deposit for a sum of Rs.50,000/- totalling to Rs. 1,00,000/- to the concerned Magistrate and the Magistrate in turn shall hand over the same to the defacto complainant
ii) 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
iii) after release with in a period of one week the petitioner shall file an undertaking affidavit before the concerned Court stating that he will not disturb the defacto complainant any more and he will not demand any money.
iv)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.
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CRL OP(MD). No.5032 of 2021
v)the petitioner shall not tamper with evidence or witness. vi) the petitioner shall not abscond during trial.
vii)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].
viii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
ix) the payment of fixed deposit to the family members of the deceased is on a humanitarian contribution, not to be construed otherwise, affecting the right and defence of the petitioner.
sd/01/04/2021 / 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.I, KOVILPATTI.
DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT.
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
CRL OP(MD) No.5032 of 2021 AAV Date :01/04/2021 https://hcservices.ecourts.gov.in/hcservices/ TK/PN/SAR.1/01.04.2021/3P/6C
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1 issue framed by the court
Whether the petitioner is entitled to bail in an offence under Sections 306 IPC and Section 4(9) of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶31
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Manoj
The State rep.by The Inspector of Police, Kovilpatti East Police Station
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
