Madras High CourtCRL OP(MD)/13692/2015allowed

Satheesh v. The Inspector Of Police

2015-07-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13692 of 2015 SATHEESH ... PETITIONER/ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE D2, SELLUR POLICE STATION, MADURAI TOWN.

CRIME NO.193/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.GOKUL 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 petitioner, who is arrayed as A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323, 354, 506(i) of IPC and section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2002, in Crime No.193 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, she had borrowed a sum of Rs.4,000/- from A1 and when she is not in a position to give interest, A1 along with the other accused went to her house and abused her, assaulted and also threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that A1 to A3 were enlarged on anticipatory bail by this court as well as the Sessions Court, Madurai.

4.The learned Government Advocate (Criminal side) appearing for https://hcservices.ecourts.gov.in/hcservices/ the respondent submitted that in the alleged occurrence, no one has

sustained any injury and A1 to A3 were enlarged on anticipatory bail by this court as well as the Sessions Court.

5.Considering the facts and circumstances of the case and also considering the fact that A1 to A3 were enlarged on anticipatory bail, 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 before the learned Judicial Magistrate No.2, Madurai and on his 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 as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.2, 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 D2, SELLUR POLICE STATION, MADURAI TOWN.

+1. CC to M/S.K.GOKUL Advocate SR.No.40544 Akm/23.07.15 /2p-6c/ ORDER IN CRL OP(MD) No.13692 of 2015 Date :21/07/2015 https://hcservices.ecourts.gov.in/hcservices/