Selvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12520 of 2015 SELVI ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.
CRIME NO.296/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JEYAKUMAR Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.K.MANIKANDAN, Advocate, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(i) of the Indian Penal Code and also under Sections 3 and 4 of the Tamil Nadu Prevention of Charging Exorbitant Interest Act in Crime No.296 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2. According to the defacto complainant, she borrowed a sum of Rs.4,00,000/- from the first accused and after returning the principal amount and interest of Rs.4,50,000/-, totalling Rs.8,50,000/-, the accused have not returned the cheque given as security and demands further amount of Rs.2,00,000/-.
3. The learned counsel for the petitioner submitted that the defacto complainant has borrowed money from several persons including the petitioner for renovation of her hospital and to discharge the liability, defacto complainant has issued a cheque for a sum of Rs.12,00,000/-, which was dishonoured, on presentation and to create a defence in the dishonoured case, this complaint was given. The learned counsel further submitted that the petitioner is an innocent and she has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/
4. The learned counsel for the Intervenor submitted that the accused have charged exorbitant interest and received more than twice
the principal amount and misused the cheque given by the defacto complainant as security.
5. Heard the learned Government Advocate (Criminal Side) appearing for the respondent.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.VI, Madurai and on 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 petitioner shall appear before the respondent police daily at 10.00 a.m for a period of one week and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
8. The petitioner 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NI.VI MADURAI.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.
+1. CC to M/S.B.JEYAKUMAR Advocate SR.No.39066 Akm/20.07.15 /2p-6c/ ORDER IN CRL OP(MD) No.12520 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/