Naganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13341 of 2015 1 NAGANATHAN 2 DHAKSHINAMOORTHY ..PETITIONERS/ACCUSED 1 and 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THANGACHIMADAM POLICE STATION, THANGACHIMADAM, RAMANATHAPURAM DT, CRIME NO.57/2015 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.KANNAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2, 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., and Sections 3 and 4 of Tamil Nadu Prohibition of Exorbitant Interest Act, 2003 in Crime No.57 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, he borrowed Rs.1 lakh from the first accused and thereafter, both the accused have demanded the principal amount and also interest on interest and harassed him.

3. The learned counsel for the petitioners submitted that the de-facto complainant had borrowed money on executing a promissory note and to escape from the law, a false complaint was given. It is further submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that due to the illegal demand of exorbitant interest, the de-facto complainant has consumed petrol and he has discharged from the hospital.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Rameswaram, Ramanathapuram https://hcservices.ecourts.gov.in/hcservices/

District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THANGACHIMADAM POLICE STATION, THANGACHIMADAM, RAMANATHAPURAM DISTRICT.

+1. CC to M/S.M.KANNAN Advocate SR.No.41366 Akm/28.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.13341 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/