Mr.V.Pandiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16648 of 2017 1 MR.V.PANDIYAN 2 MRS.KARTHIKAI RANI ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE, DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

(CRIME NO. NOT KNOWN OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.SAHAYA PHILOMIN RAJ Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under the Prohibition of Charging Exorbitant Interest Act of 2003 and Money Lenders Act, 1957, in Crime No. Not Known of 2017 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that petitioners and the defacto complainant are neighbours. The defacto complainant has received some amount from the petitioners and the same was demanded by the petitioners, thereby, there was a wordy quarrel between the petitioners and the defacto complainant. Hence, defacto complainant filed a complaint before the respondent police. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that no one is injured in this case. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl.side), this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the first petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks and the second petitioner shall report before the respondent police as and when required;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not commit any offence while on bail;

(v) the petitioner shall not abscond either during investigation or trial;

(vi) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 05/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI 2 THE CHIEF JUDICIAL MAGISTRATE, THENI

3 THE INSPECTOR OF POLICE DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.K.SAMY, Advocate SR.No.35580

ORDER

IN CRL OP(MD) No.16648 of 2017 Date :05/12/2017 PK/RR/SAR-3/11.12.2017 : 3P/6C