Pothiraja v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.03.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Pothiraja 2.Ponmalai 3.Ravi @ Raviraja ... Petitioners/Accused Nos. 3,5 & 7 Vs.

State through The Sub-Inspector of Police, Sindhupatti Police Station, Madurai District.

(Crime No.308 of 2021) ... Respondent/Complainant For Petitioners : Mr.J.Jeyakumaran, Advocate. For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.308 of 2021 on the file of the Respondent police.

ORDER: The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 448, 406, 294(b), 323, 354 and 506(2) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.308 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner had supplied cows to the defacto complainant, who is doing milk business, and further, the defacto complainant has borrowed a sum of Rs.5 lakhs from the first petitioner, for which, the first 1/3

petitioner obtained a mortgage deed from the defacto complainant and that the defacto complainant supplied milk to the first petitioner to the tune of Rs.15 lakhs, but the first petitioner failed to repay the money and on 20.12.2021, the petitioners along with other accused trespassed into the house of the defacto complainant and demanded exorbitant interest, abused him in filthy language and also threatened him with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that the first petitioner herein has executed a mortgage deed in favour of the complainant on 26.04.2021 and that the other accused have already been granted anticipatory bail by this Court in Crl.OP.(MD)No.2542 of 2022.

4.The learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioners are not having any previous case for similar or serious offence. 5.Considering the facts and circumstances of the case and also the fact that the co-accused 1, 2, 4 and 6 were already granted anticipatory bail by this Court and that the petitioners are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tirumangalam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30.am for a period of thirty (30) days and thereafter, as and when required for interrogation;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners shall not abscond either during investigation or trial;

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(e)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]; and;

(f)if the accused / petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 28/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

3 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE SUB INSPECTOR OF POLICE SINDHUPATTI POLICE STATION, MADURAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

+1. CC to MR.J.JEYAKUMARAN,Advocate SR.No.2637(I)

ORDER

IN CRL OP(MD) No.5176 of 2022 Date :28/03/2022 PKP/PN/SAR-4/06.04.2022/3P/6C 3/3