Soundarapandiyan v. State Rep By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15306 of 2015 1 SOUNDARAPANDIYAN 2 G. KANNAN ... PETITIONERS/ACCUSED No.1&2 Vs STATE REP BY INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT IN CRIME NO. 613 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : S.PRABHA 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 A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2005 in Crime No.613 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the de-fafcto complainant had borrowed a sum of Rs.75,000/- from the first accused and despite the repayment of Rs.1,80,000/- the accused is still demanding more money towards exorbitant interest.

3. The learned counsel for the petitioners would submit that the second respondent has already filed a private complaint against the de-facto complainant under Section 138 of the Negotiable Instruments Act in C.C.No.158 of 2014 on the file of the learned Judicial Magistrate, Aruppukkottai and when the case is posted for cross-examination of P.W.1, the present case is registered against the petitioners with ulterior motive.

4. Heard the learned Government Advocate (Crl.sid) for the respondent.

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, Aruppukottai and https://hcservices.ecourts.gov.in/hcservices/

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 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 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/- 07/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR 3 STATE REP BY INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.G.MARIMUTHU Advocate SR.No.44790 ORDER IN CRL OP(MD) No.15306 of 2015 Date :07/08/2015 JAM/KBM/SAR-I/11.8.15/2P-6C https://hcservices.ecourts.gov.in/hcservices/