Muniyasamy v. The Inspector Of Police

CRL OP(MD). No.11056 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11056 of 2022 Muniyasamy ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

Crime No.248 of 2022.

... Respondent/Complainant For Petitioner : Mr.MAYILVAHANA RAJENDRAN.C, 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.248 of 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) and 506(i) I.P.C, and Sections 3 and 4 of Tamil Nadu Prohibition Charging Exorbitant Interest Act, 2003 in Crime No.248 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.According to the petitioner, the defacto complainant borrowed more than Rs.9 lakhs from the 1st accused without his knowledge. The 1st accused and the defacto complainant were college friends and he did not demand any exorbitant interest from the defacto complainant. The 1st accused has been arrested, remanded to judicial custody and released on bail on 21.06.2022.

3.The learned Government Advocate (Crl. Side) for the respondent police submitted that only this petitioner demanded the exorbitant interest from the defacto complainant. However, the learned counsel for the petitioner would submit that the petitioner did not make any such demand and he is also not going to demand exorbitant interest in future.

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CRL OP(MD). No.11056 of 2022 4.The statement of the learned counsel for the petitioner is recorded. In view of the aforesaid undertaking, 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 learned Judicial Magistrate, Kamudhi, 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 daily 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 / /06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUDHI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.MAYILVAHANA RAJENDRAN C Advocate SR.No.6000

ORDER

IN CRL OP(MD) No.11056 of 2022 Date :22/06/2022 SA/VR/SAR.2/29.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2