N Nambu Suganya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1 N.Nambu Suganya 2 A.Namburani 3 K.Nambuselvi 4 R.Sornagandhi ... Petitioners/Accused No.2 to 5 Vs The Inspector of Police, Jetty Police Station, Ramanathapuram District Cr.No.42/2024 ... Respondent/Complainant For Petitioners :

Mr.D.Balamurugapandi, Advocate.

For Respondent :

Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.42 of 2024 on the file of the respondent police ORDER : The Court made the following order :- 1/5

The petitioners apprehending arrest at the hands of the respondent police in connection with Crime No.42 of 2024 for the offence under Sections 294(b), 448 and 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the petitioners have demanded exorbitant interest on account of which, the defacto complainant has attempted to commit suicide.

3.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent police opposes for grant of anticipatory bail on the ground that this is the petitioners' second application for anticipatory bail and the earlier application was dismissed on 15.04.2024 in Crl.O.P.(MD)No.5607 of 2024.

5.Considering the rival submissions made, this Court suggested the petitioners not to demand any further amount from the defacto complainant. On the advice of the learned counsel for the petitioners, it appears that the petitioners have also agreed to the same and they also filed an affidavit of undertaking that they will not demand any amount from the defacto complainant and they will not harass the defacto 2/5

complainant in future.

6.Considering the undertaking affidavit filed by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, this Criminal Original Petition is allowed and 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, Rameswaram, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.

25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions that: (i) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (ii) The petitioners shall file an undertaking affidavit before the concerned Judicial Magistrate as well as before the concerned Police Station stating that they will not demand any amount from the defacto complainant and they will not harass the defacto complainant in future. On filing the undertaking affidavit, the concerned Judicial Magistrate shall accept the sureties. (iii) The petitioners shall appear before the respondent police daily at 10.

30 am for a period of two weeks and thereafter, as and when required for interrogation.

They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 14/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-6605[I] dated 18/06/2024 ) 4/5

ORDER IN CRL OP(MD) No.8623 of 2024 Date :14/06/2024 RS/JGB/SAR-(25.06.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5