Saravanan v. State Rep By The Station House Officer

G.K.ILANTHIRAIYAN, J.

The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 427, 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003 in Crime No.299 of 20 22, seeks anticipatory bail.

2. The case of the prosecution is that, during 2017 to 2018, the de-facto complainant borrowed a sum of Rs.5,00,000/- from the petitioner in many instalments and thereafter during 2021, he repaid the amount in monthly instalments for a sum of Rs.22,500/- totalling to Rs.12,50,000/-. It is alleged that petitioner's friend one Perumal/A2 threatened the de-facto complainant in support of the petitioner herein and as such, he along with 6 persons had broke open the lock of the defacto complainant's shop and broken two CCTV cameras. When the defacto complainant questioned about the same to the petitioner/A1 and A2, they had threatened him by using filthy language. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsiff-cum-Judicial Magistrate, Kurinjipadi on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[e] 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].

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

12.07.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl 12.07.2022