Bhagavathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17206 of 2015 1 BHAGAVATHI 2 PERUMAL THEVAR ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, MADURAI DISTRICT.

(CR.NO. 153/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S S.MAHENDRAPATHY Advocate For Respondent : M/s.S.PRABHA, Government 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 341, 294(b), 506(i) of I.P.C., r/w. Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act in Crime No.153 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, that he had borrowed Rs.4 lakhs from the accused for development of his agricultural land and on 04.09.2013, returned the entire amount with interest, however, the accused have been demanding more money charging exorbitant interest and also threatened with dire consequences.

3. The learned counsel for the petitioners submitted that the defacto complainant has failed to pay the amount borrowed from the accused and when this was questioned, a false complaint has been given against the petitioner. It is further submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. Heard the learned Government Advocate (Crl.side).

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, Thirumangalam 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.

https://hcservices.ecourts.gov.in/hcservices/

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/- 04/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT. 2 -do-thor'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KOODAKOVIL POLICE STATION,MADURAI DISTRICT. ORDER IN CRL OP(MD) No.17206 of 2015 Date :04/09/2015 PBK/GSV-PM/SAR-II 10/09/2015 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/