Kathiravan v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.12 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant borrowed loan from A1. A1 also received various pronotes, signed blank cheques and signed blank papers from the defacto complainant. The defacto complainant was paying the interest properly. It is alleged that A1 demanded more interest from the defacto complainant and due to non payment of interest by the defacto complainant, the petitioner along with other accused entered into the house of the defacto complainant and demanded him to vacate the house and also demanded Rs.2 Crores or else they will burn them and demolish the house. Thereafter, A1 directed the other accused persons to attack the defacto complainant and also threatened him with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready and willing to abide by any stringent conditions as imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the defacto complainant borrowed loan from A1 and also paid the amount back with interest and A1 demanded further money from the defacto complainant. Due to non payment of the demanded interest, A1 along with other accused persons entered into the house of the defacto complainant and attacked him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 Judicial Magistrate, Tiruchengode, 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 two 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.
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 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.
10.08.2022 mn