R. Tamilselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9187 of 2016 R. TAMILSELVI ... PETITIONER/ACCUSED No.2 Vs STATE OF REP. BY THE INSPECTOR OF POLICE THIRUPARANKUNDRAM POLICE STATION, MADURAI DISTRICT.

IN CRIME NO. 201 OF 2012 ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.SUBBARAJ Advocate For Respondent : Mr.P.KANNITHEVAN, 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.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 406 and 420 of IPC, in Crime No.201 of 2012, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioner is member of Tamil Nadu Anaithu Urpathiyalarkal Abiviruthi Nalasangam. The petitioner obtained a loan of Rs.5,00,000/- from the said Sangam without any interest and after obtaining loan, she did not repay the amount. When the same was demanded by the defacto complainant, the petitioner threatened the defacto complainant with dire consequences. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that as on date the petitioner has to pay only Rs.2,21,000/- and she has already paid the remaining amount. She is innocent and she has not committed any offence as alleged by the prosecution.

4.The learned counsel for the intervenor submitted that the defacto complainant is the Tamil Nadu Anaithu Urpathiyalarkal Abiviruthi Nalasangam. Loan was sanctioned to the petitioner and https://hcservices.ecourts.gov.in/hcservices/

other members. They have to repay in 60 monthly instalments. After paying 3 instalments, the petitioner defaulted in payment. The defacto complainant has given a complaint on 13.05.2010 before the District Crime Branch against 13 persons including the petitioner. The defacto complainant filed Direction petition before this Court in Crl.O.P(MD)No.8837 of 2010 and this Court referred the matter before the Mediation and conciliation Centre. Before the Mediation, except seven persons including this petitioner, all other persons settled the account. The petitioner with intention to cheat the defacto complainant is not repaying the amount and therefore, prayed for dismissal of the petition.

5.Heard the learned Government Advocate (Crl.side). 6.The allegation made against the petitioner is that the petitioner deliberately cheating the Tamil Nadu Anaithu Urpathiyalarkal Abiviruthi Nalasangam, in which she is a member, considering the fact that the petitioner is a member of the Tamil Nadu Anaithu Urpathiyalarkal Abiviruthi Nalasangam and she obtained a interest free loan of Rs.5,00,000/- and investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 21/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THIRUPARANKUNDRAM POLICE STATION, MADURAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9187 of 2016 Date :21/06/2016 am SH/SKS-RR/SAR-I:01.07.2016:2P/3C https://hcservices.ecourts.gov.in/hcservices/