Tamil @ Tamilselvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.12242 & 13816 of 2015 TAMIL @ TAMILSELVI ... PETITIONER/ACCUSED NO.1 IN CRL OP(MD)NO.12242/2015 J.KAVITHA ... PETITIONER/ACCUSED NO.5 IN CRL OP(MD)NO.13816/2015 Vs STATE REP.BY THE INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DT, MADURAI, CRIME NO.296/2015 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)NO.12242/2015 THE SUB INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DT, MADURAI, CRIME NO.296/2015 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)NO.13816/2015 For Petitioner : M/S.B.CHANDRAMOHAN Advocate in CRL OP(MD)NO.12242/2015 For Petitioner : M/S.B.SARAVANAN, Advocate in CRL OP(MD)NO.13816/2015 For Respondent : MR.
K.V.RAJARAJAN,Govt.Advocate in both petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 and A5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(i)of I.P.C., r/w Sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003, in Crime No.296 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. According to the de-facto complainant, she borrowed Rs.4 lakhs from the first accused and Rs.7 1⁄2 lakhs from the fifth accused and despite the repayment of Rs.14 lakhs and Rs.10 lakhs respectively, they are demanding more amount charging exorbitant interest. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the de-facto complainant has not repaid the principal amount with agreed interest, but made a false complaint with an ulterior motive.
4.Heard the learned Government Advocate (Crl.side) appearing for the State.
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5.Considering the facts 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 before the learned Judicial Magistrate No.VI, Madurai and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DT, MADURAI. 4 THE SUB INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DT, MADURAI. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.CHANDRAMOHAN Advocate SR.No.40465 +1. CC to M/S.B.SARAVANAN, Advocate SR.No.40460
ORDER
IN CRL OP(MD) Nos.12242 & 13816 of 2015 Date :22/07/2015 PA/PRV/24.07.2015/2P/8C https://hcservices.ecourts.gov.in/hcservices/