Balasubramanian @ Mani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7470 of 2015 1 BALASUBRAMANIAN @ MANI 2 RAMAKRISHNAN ... PETITIONERS / ACCUSED Nos.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

(CRIME NO.172 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI, Advocate For Respondent : M/S.K.V.RAJARAJAN, 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 A1 and A2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 4 of Exorbitant Interest Act and 506(ii) of I.P.C. in Crime No.172 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant had borrowed Rs.1,00,000/- from the first petitioner and he was regularly paying the interest and sofar, he has paid Rs.2,16,000/-. Despite the same, the accused have demanded exorbitant interest from the defacto complainant.

3.The learned counsel for the petitioners submitted that they are innocent and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) submitted that the first petitioner is running a Finance Company and the second petitioner is a Collection Agent and they demanded excess interest https://hcservices.ecourts.gov.in/hcservices/ from the defacto complainant.

5.Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Devakottai and on each executing 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 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. 7.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/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE, TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.MUNIYANDI, Advocate SR.No.20843. ORDER IN CRL OP(MD) No.7470 of 2015 Date :21/04/2015 msm 23.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/