Madras High CourtCRL OP(MD)/15908/2017closed

P.Madasamy, v. The Inspector Of Police,

2017-12-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15908 of 2017 1 P.MADASAMY, 2 MUTHUSAMY, 3 MARUTHUSAMY, ... PETITIONERS/ACCUSED No.1 to 3 Vs STATE REP BY THE INSPECTOR OF POLICE, AMBILIKKAI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.200 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.JEGADEESWARAN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147 and 506(i) of IPC., and Sections 3 and 4 of the Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.200 of 2017, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant filed a complaint on 14.09.2017 before the respondent police against the petitioners under the Exorbitant Interest Act.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution and prays for anticipatory bail.

4. The learned Government Advocate (Crl.side) on instructions, would submit that based on the complaint lodged by the defaco complainant, the respondent police registered a case against the petitioners and after investigation, the respondent police closed the case as 'mistake of fact'. On enquiry, it is revealed that the defacto complainant is not a practising advocate, but he sent legal https://hcservices.ecourts.gov.in/hcservices/

notice to the petitioners. Thereafter the respondent police registered a case against the defacto complainant in Crime No.224 of 2012.

5. In view of the above submission made by the learned Government Advocate (Crl. side), this Criminal Original Petition is closed.

sd/- 06/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, AMBILIKKAI POLICE STATION, DINDIGUL DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.JEGADEESWARAN Advocate SR.No.35887

ORDER

IN CRL OP(MD) No.15908 of 2017 Date :06/12/2017 SMA/PM-PN/SAR-2/13.12.2017:2P/4c https://hcservices.ecourts.gov.in/hcservices/