Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arumugam ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

(Crime No.59/2022).

... Respondent/Complainant For Petitioner : Mr.Suyambulinga Bharathi.K, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.59/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 506(i) and 109 I.P.C, and Section 4 of Exorbitant Interest Act in Crime No.59 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The allegation as against the petitioner is that the defacto complainant borrowed a sum of Rs.30,000/- from him. The defacto complainant has also repaid a sum of Rs.9,000/- with exorbitant interest. Even after the payment of the aforesaid amount, at this instigation of the another accused, the petitioner abused the defacto complainant in filthy language and criminally intimidated him also, over which he attempted to commit suicide. 1/3

3.The learned counsel for the petitioner submitted that the petitioner did not give any amount to the defacto complainant as alleged by the prosecution. However, if it is so, the occurrence could not have taken at all.

4.However, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 5.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Judicial Magistrate Court, Valliyur, Tirunelveli District, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police on every Friday at 10.30 a.m. until further orders. 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/- 22/06/2022 / TRUE COPY / 29/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.THE JUDICIAL MAGISTRATE, VALLIYUR, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, THIRUKURUNGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10627 of 2022 Date :22/06/2022 RK/SVR/SAR-IV/29.06.2022 : 3P/5C 3/3