A.Sankaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9570 of 2015 A.SANKARAN ... PETITIONER/ACCUSED A1 Vs STATE REP.BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.PONVENTHAN Advocate For Respondent : MR.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 petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 506(ii) IPC and Section 4 of Tamil Nadu Prevention of Exorbitant Interest Act in Crime No.343 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the petitioner is that the defacto complainant had borrowed Rs.5 lakhs from the accused and he was paying interest regularly and the accused have demanded Rs.9 lakhs from the defacto complainant by charging exorbitant interest.
3.The learned counsel for the petitioner submitted that the defacto complainant had sold the property by a registered sale deed dated 29.03.2012 and thereafter due to some misunderstanding, a false complaint was preferred against the petitioner. The learned counsel further submitted that the petitioner is nothing to do with the alleged offence and he has been falsely implicated in this case. 4.The learned Government Advocate(Crl.side) appearing for the State submitted that the accused have lent Rs.5 lakhs to the defacto complainant and demanded Rs.9 lakhs from her. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. 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.1, Thoothukudi, on 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 petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
7. 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/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN.
DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN. 3 THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.D.PONVENTHAN Advocate SR.No.27753
ORDER
IN CRL OP(MD) No.9570 of 2015 Date :04/06/2015 PA/PPS/09.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/