Pazhaniyammal v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506(i) of IPC read with Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.134 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the de facto complainant is that she had borrowed Rs.3,00,000/- from the accused and that even after repaying entire amount, the accused was demanding exorbitant interest and had threatened her and abused her. Hence the complaint.
3. The learned counsel for the petitioner submits that a simple money dispute has been projected as a case of demand of exorbitant interest. He further submitted that the petitioner has filed an affidavit of undertaking before this Court not to harass and threaten the de facto complainant, she also undertakes that she will recover the money through legal source only. Hence he seeks anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal side) would submit that the de facto complainant received Rs.3,00,000/- from the petitioner. After the entire amount was repaid to the petitioner, he had demanded exorbitant interest from the de facto complainant and assaulted her. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the facts and submission on both sides and on perusal of records, this Court is inclined to grant Anticipatory Bail with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Dharmapuri, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 everyday at 10.30 a.m., for a period of two weeks thereafter every Saturday at 10.30 a.m, until further orders.
[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
A.D.JAGADISH CHANDIRA, J.
nsa/arb 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.
20.10.2022 nsa/arb