R.Sivagami v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9263 of 2015 R.SIVAGAMI ... PETITIONER(S) / ACCUSED 5 Vs STATE REP BY:: THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI CITY, IN CR.NO. 459 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SHEIK ABDULLAH Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.5 in Crime No.459 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(i) IPC and Sections 3 & 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and hence, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant had borrowed a sum of Rs.2,00,000/- from the petitioner and she has insisted for payment of exorbitant interest.

3.It is submitted by the learned counsel for the petitioner that the petitioner is working as a teacher at Panchayat Union Primary School on temporary basis and the defacto complainant is also working as a teacher in the same school and that the defacto complainant had received Rs.3,00,000/- from the petitioner for regularisation of her service and also received amounts from other accused. But filed a false complaint alleging that the petitioner is demanding exorbitant interest. He would further submit that the petitioner is a poor lady and she has been falsely implicated in this case.

4.It is submitted by the learned Government Advocate (Crl.Side) would submit that all the accused are working as teacher and they demanded exorbitant interest from the defacto complainant. 5.Considering the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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 and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 26/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI CITY.

1cc to MR. M. SHEIKABDULLAH ADV SR: 34201 DM 01 JULY 15

ORDER

IN CRL OP(MD) No.9263 of 2015 Date :26/06/2015 2P: 5C https://hcservices.ecourts.gov.in/hcservices/