S. Amudha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.295 of 2015 S. AMUDHA ... PETITIONER / ACCUSED No.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI DT, CRIME NO.848/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.GURURAJ Advocate For Respondent : Mr.A.P.Balasurbramani Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.848 of 2014, on the file of the respondent police for offences under Sections 3 & 4 of Tamil Nadu Prohibition of charging Exorbitant Interest Act, 2003 and Section 506(i) of IPC, the petitioner is now before this Court seeking Anticipatory Bail.

2. The case of the prosecution is that the petitioner had lent a sum of Rs.1,00,000/- to the defacto complainant and was charging exorbitant interest.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case.

4. Heard the learned Government Advocate (crl. side), who would submit that there is no previous case against the petitioner.

5. Having regard to the nature of offences said to have been committed by the petitioner and that the petitioner is a lady, I am inclined to grant anticipatory bail to her, but with conditions.

6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate No.VI, Madurai on executing a separate 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, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.VI, MADURAI.

2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S.M.GURURAJ Advocate SR.No.1147. TS/19.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.295 of 2015 Date :09/01/2015 https://hcservices.ecourts.gov.in/hcservices/