V.Selvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.V.Selvi 2.R.Sajora ... Petitioners/Accused Rank Not Known Vs The State Rep by The Inspector of Police, Vadipatti Police Station, Madurai District.
In Crime No.312 of 2021, ... Respondent/Complainant For Petitioners : Mr.V.M.Jegadeesha Pandian 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.312 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 174 of the Code of Criminal Procedure @ Section 306 IPC in Crime No.312 of 2021, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the wife of the deceased/Murugan. The deceased borrowed money from the accused. On 20.06.2021, at about 07.00 am, all the accused, had threatened the defacto complainant's husband to pay the amount lent to him. Later, on 22.06.2021, at about 11.30 am, he was 1/3
found dead by hanging at Vaguthu Malai, Oonan Ootthu. Hence, the complaint. Originally this case was registered under Section 174 of Cr.P.C. Now this case is altered to section 306 IPC.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case.
4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent Police.
5. The deceased has committed suicide by leaving a suicide note, in which, he had noted down that he received money from various persons including these petitioners and they harassed him, due to which, he committed suicide. Considering the fact that there is specific allegation in the suicide note against these petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed
6. Clearly, the suicide note describes the offence under the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003. The respondent Police has not registered a case under the said Act. In view of the same, the respondent Police is directed to enquire into the averment with regard to exorbitant interest and alter the offence accordingly.
sd/- 06/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
mbi 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 Inspector of Police, Vadipatti Police Station, Madurai District.
2/3
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.10169 of 2021 Date : 06.08.2021 TR/PN/SAR-II (18.08.2021) 3P 3C 3/3