Lakshmithai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20050 of 2015 1 LAKSHMITHAI 2 THANGATHURAICHI 3 SUBBULAKSHMI 4 SENTHURTHAI 5 RASATHI ... PETITIONERS/ACCUSED 1,2,3,5,6 Vs STATE REP BY THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, CR.NO.400/2015 TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.PRABHU Advocate For Respondent : MRS.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 accused Nos.1, 2, 3, 5 and 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 506(ii) of I.P.C., and Section 4 of TNPWH Act r/w. Section 4 of Tamil Nadu Prohibition of Exorbitant Interest Act in Crime No.400 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The prosecution case is that the de-facto complainant has borrowed totally Rs.18 lakhs from the accused on different dates and despite repayment of Rs.18,50,000/-, the accused are demanding more money charging exorbitant interest, when this was questioned, she was abused by the accused.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and the present complaint is given to escape from repayment of loan to the accused. It is further submitted that the petitioners have not charged any exorbitant interest for the loan lent to the de-facto complainant. https://hcservices.ecourts.gov.in/hcservices/

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

5. Considering the facts, 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, Sivagiri 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. for a period of one week and thereafter as and when required. 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/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SIVAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE,THIRUNELVELI 3 THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.PRABHU Advocate SR.No.61501

ORDER

IN CRL OP(MD) No.20050 of 2015 Date :15/10/2015 AA/AAL-MPA/SAR-II/27.10.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/