M.Saravanapandian @ v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.776 of 2015 M.SARAVANAPANDIAN @ MELAMASIVEETHI SARAVANAN ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI. CR. NO.27/2015. RESPONDENT/COMPLAINANT For Petitioner : MR.N.MOHIDEEN BASHA Advocate for M/S.K.J.ASSOCIATES For Respondent : MR.A.P.BALASUBRAMANI 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.

27 of 2015 on the file of the respondent police for offences under Sections 294(b) and 506(ii) of the Indian Penal Code and Sections 3 and 4 of the Exorbitant Interest Act, the petitioner is now before this Court seeking Anticipatory Bail. 2.It is the case of the de facto complainant that he had borrowed some money from the petitioner and though the de facto complainant has paid the money with interest, the petitioner is adopting high handed techniques, by threatening and intimidating the de facto complainant and asking for more and more interest. It is reported that there are several cases registered against this petitioner. There are also murder cases against the petitioner in which, he was arrested and released on bail.

3.The petitioner has filed an undertaking affidavit before this Court that he has received all the money from the de facto complainant and that he will not intimidate the de facto complainant nor demand any money or interest from him. The de facto complainant is present before this Court. The affidavit sworn to by the petitioner in Tamil, is made part and parcel of the case record. Under such circumstances, I am inclined to grant anticipatory bail to the petitioner, but with conditions.

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4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.VI, Madurai, on his 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, (a) the petitioner shall stay at Trichy and report before the Trichy Cantonment Police Station every day twice, i.e. 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 29/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI,MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI.

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

5 THE OFFICER INCHARGE TRICHY CANTONMENT POLICE STATION, TRICHY +1cc to M/S.K.J.ASSOCIATES, ADVOCATE IN SR NO. 4464

ORDER

IN CRL OP(MD) No.776 of 2015 Date :29/01/2015 AA/03.02.2015/2p- 7c/ https://hcservices.ecourts.gov.in/hcservices/