Madras High CourtCRL OP(MD)/4202/2019partly allowed

Prabavathi, W/O.Prabakaran v. The Inspector Of Police,

2019-04-15Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.4202 & 4334 of 2019 1 PRABAVATHI 2 RAMESH 3 R.NAGARAJ ... Petitioners/Accused No.1 to 3 in CRL OP(MD). 4202/ 2019 K.RAJA ... Petitioner/Accused No.2 in CRL OP(MD). 4334/ 2019 - Vs. - STATE REP. BY THE INSPECTOR OF POLICE, P.C.PATTI POLICE STATION, THENI DISTRICT.

CRIME NO.150 OF 2019 ... Respondent/Complainant in Both the Petitions For Petitioner : Mr. V. KANNAN Advocate in both the petitions For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 448, 294 (b), 506(ii) and 379 IPC r/w Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Cr.No.150 of 2019, on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that the defacto complainant borrowed a loan from three different persons each Rs.2,00,000/-. Thereafter, the defacto complainant paid interest regularly. Thereafter, the petitioners have demanded more interest and more money. Hence, this complaint is lodged.

3.The learned counsel appearing for the petitioners would submit that the petitioners and the defacto complainant are close relatives and the defacto complainant borrowed hand loan from the petitioners. Therefore, the said amount was demanded by the petitioners. He would submit on instructions that since all the three persons advanced a sum of Rs.2,00,000/- each, the petitioners will not demand any amount except a sum of Rs.6,00,000/- from the defacto complainant except Court of law. The third petitioner by name R.Nagaraj in Crl.O.P.(MD)No.4202 of 2019 is not arrayed as accused in this case. Hence, this petition may be dismissed as against the third petitioner.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending. 5.Considering the facts and circumstances of the case and considering the fact that the petitioners will not demand any amount except a sum of Rs.6,00,000/- from the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners, except third petitioner in Crl.O.P.(MD)No.4202 of 2019. Insofar as the third petitioner in Crl.O.P.(MD)No.4202 of 2019 is concerned, this petition is dismissed. Accordingly, the other petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.

I, Theni, on condition that the petitioners, except the third petitioner shall execute a bond for a sum of Rs.

(a)the petitioners, except the third petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners except the third petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(c)the petitioners except the third petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners except the third petitioner shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners except the third petitioner in accordance with law as if the conditions have been imposed and the petitioners

released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 15/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THENI.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE, P.C.PATTI POLICE STATION, THENI DISTRICT.

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

+2. CC to M/S.S.RAMESH BABU, Advocate SR.No.61095 & 61096

ORDER

IN CRL OP(MD) Nos.4202 & 4334 of 2019 Date :15/04/2019 JM/PN/SAR 3/30.04.2019/3P/7C