Selvin v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, r/w Section 506(i) of IPC, in Crime No.118 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant borrowed money from the first petitioner's company at the rate of interest of 3% per month. Thereafter, the petitioners demanded more interest from the defacto complainant. Later, the defacto complainant mortgaged his house property to execute a mortgage deed in favour of the first petitioner herein. Subsequently, the petitioners along with other accused entered into the house of the defacto complainant and threatened him with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence
as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the defacto complainant borrowed loan from the petitioners at the rate of interest of 3% per month. Later, the petitioners demanded more interest from the defacto complainant and also entered into the house of the defacto complainant with the other accused and threatened him with dire consequences. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned
Judicial Magistrate No.I at Attur, on condition that each of the petitioners 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 petitioners 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 petitioners 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.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
G.K.ILANTHIRAIYAN, J.
mn [e] 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
20.07.2022 mn