Ezhilarasan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 16.10.2022 for the offences under Sections 341, 307 and 506(ii) of I.P.C., later altered into Sec.341, 302 and 506(ii) I.P.C. in Cr. No.416 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that A1 introduced one A2, the petitioner herein, who is director of M/s. Green Agro Tech (GAT) at T.Nagar, to the defacto complainant and stated that the company presently giving high returns of interest on investment of amount, believing his words, the defacto complainant invested a sum of Rs.13,00,000/- and later she came to know that the company was closed two months back and a new branch was opened at Mogappair and immediately, she went to the company and demanded her amount, thereby a wordy quarrel arose between them, however, the husband of defacto complainant's husband was threatened with dire consequences by the accused persons over phone and also warned them not to ask return of money. Subsequently, some persons came in a bike and attacked her husband with knife and they escaped from the spot, thereby he sustained grievous injuries and he died on 26.09.2022. Hence, the complaint.

The learned counsel for the petitioner submitted that due to some unforeseen circumstances, the petitioner's company faced some huge loss in the business, he seeks time to repay the money due to his customers and in the meantime, the allegation against the petitioner is unwarranted and the respondent police did not investigated the case properly. He would submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 56 days from 16.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that totally, there are 12 accused and the petitioner is arrayed as A2. He would submit that A1 was released on bail and other accused are arrested and they were in judicial custody. He would submit that when the defacto complainant and her husband demanded to repay the amount paid by them, there was a wordy quarrel between them and subsequently he was attacked by some persons, thereby her husband succumbed to injuries and died. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he opposed to grant bail to the petitioner.

Considering the fact that there was a money transaction between the parties, and when it was demanded to return back the amount, a wordy quarrel arose between them and attacked him, thereby sustained grievous injuries and subsequently defacto complainant's husband died, and also considering the fact that investigation is almost completed and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees three lakhs only) to the credit of Crime No.416 of 2022 within a period of three weeks from the date of receipt of copy of this order and on such deposit, the petitioner is ordered to be released on bail on his executing 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.II, Chengalpattu, 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 petitioner shall appear before the respondent police at 10.30 a.m. daily for a period of eight weeks.

(c) the defacto complainant is permitted to withdraw the deposit amount of Rs.3,00,000/- (Rupees Three Lakhs Only) on proper identification and acknowledgment and by filing undertaking affidavit.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner 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 Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.