Chinnasamy And Others vs State

C.V.Karthikeyan, J

The petitioners who were arrested and remanded to judicial custody on 11.02.2024 for the offences originally registered by the respondent Police under Section 174(3) of Cr.P.C and subsequently, altered to Sections 294(b), 306 of IPC r/w Sections 9 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, in Crime No.136 of 2024 seek bail.

2.The petitioner in Crl.O.P.No.4169 of 2024 is arrayed as A1 and the petitioners in Crl.O.P.No.4185 of 2024 are arrayed as A2 and A3.

3.It is the case of the prosecution that the accused had given a sum of Rs.1,00,000/- to the son the defacto complainant and that was not returned, for which, they had given a complaint to the Police. Dejected over the same, the son of the defacto complainant committed suicide on 10.02.2024.

3.The learned counsel for the petitioner stated that the petitioners are jointly prepared to deposit a sum of Rs.1,00,000/- to the credit of Crime No.136 of 2024.

4.The memos have been filed to correct the name of the Act from Tamil Nadu Prohibition of Extraordinary Interest Act to Tamil Nadu Prohibition of Charging Exorbitant Interest Act. The said memos have been recorded.

5.Taking all these factors into consideration and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners subject to the following conditions:

Accordingly, the petitioners are jointly directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.136 of 2024 and on such deposit and production of proof, the petitioner is ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arni, Tiruvannamalai and on further conditions that :-

[a] 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 Sureties can be accepted only if all the petitioners are jointly deposited a sum of Rs.1,00,000/- to the credit of Crime No.136 of 2024. On such deposit, the learned Magistrate may hand over the said amount to the defacto complainant. It is made clear that by such deposit would indicate that the petitioners admitted to the allegations against them. It is also made clear that the defacto complainant may endeavour to claim any compensation for the death of his son in the manner know to law.

[c] the petitioner shall report before the respondent Police, everyday at 10.30 am., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.