Asha @ Ashadevi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2602 of 2015 1 ASHA @ ASHADEVI 2 K. SELVAM ..PETITIONER/ACCUSED (RANK NOT KNOWN) Vs.
STATE REP.BY THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI CITY.
CRIME NO.174/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.R. ARAVIND RAJ Advocate For Respondent : Mr.P.KANNIDEVAN, Government Advocate (Crl.Side) 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 offence punishable under Sections 294(b), 448, 506 (i) IPC and Section 4 of the Tamil Nadu Prohibition of Exorbitant Interest Act, in Crime No.174 of 2015 on the file of the respondent police, seek anticipatory bail.
2. This case has been registered pursuant to the direction issued by this Court in Crl.OP[MD].No.804 of 2015. The case of the de facto complaint is that she had borrowed a sum of Rs.5,000/- and these petitioners are charging exorbitant interest.
3. It is brought to the notice of this Court that there are lot of cases and counter cases between the petitioners and the family members of the de facto complainant. It is seen that in Crime No.80 of 2015, on a complaint given one Vinothkumar, who is a close relative of the de facto complainant in this case, these petitioners were arrested and released on bail. After release on bail, this complaint has been lodged against these petitioners.
4. In these circumstances, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the 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.II, Madurai, on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
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[c] the petitioners shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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].
sd/- 13/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI CITY. +1. CC to M/S.R. ARAVIND RAJ Advocate SR.No.6989 ORDER IN CRL OP(MD) No.2602 of 2015 Date :13/02/2015 PBK 16/02/2015 ::2P-6C:
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