Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD) Nos.11479 & 11569 of 2022 1 MANIKANDAN 2 POOPANDIAMMAL ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY, THE INSPECTOR OF POLICE GANESHNAGAR POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.186 OF 2022) ... RESPONDENT/ COMPLAINANT AMENDED AS PER ORDER OF THIS HON'BLE COURT IN CRL MP(MD)NO.7809/2022 IN CRL OP(MD)NO.11479/2022 DATED 12.07.2022 BY GIJ.

IN CRL OP(MD) 11569 of 2022:

N.INDIRA @ INDRANI ...PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY, THE INSPECTOR OF POLICE GANESHNAGAR POLICE STATION, PUDUKKOTTAI DISTRICT (CRIME NO.186 OF 2022) ... RESPONDENT/ COMPLAINANT AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 12/07/2022 IN CRL MP(MD) No. 7806/2022 IN CRL OP(MD)No.

11569/2022 BY GIJ.

ANITHA RAJ ... INTERVENING PETITIONER/ DEFACTO COMPLAINANT/DEFACTO COMPLAINANT IN CRL.MP(MD).7818/2022 in CRL.OP(MD).11569/2022 1/3

For Petitioners : M/s.Laxman K R, Advocate. (in both Petitions) For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) (in both Petitions) For Intervenor : Mr.A.Balaji, Advocate (in Crl.MP(MD).7818/2022 in Crl.OP(MD).11569/2022) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.186 of 2022 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b), 323 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3 and 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.186 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the accused have lent a sum of Rs.3,00,000/- to the defacto complainant, for which, they are demanding exorbitant interest and harassed the defacto complainant and her family members. Hence, the present complaint. 3.The learned counsel for the petitioners would submit that the petitioners never demanded any such interest from the defacto complainant.

The defacto complainant has given a cheque to the accused for the above said amount and the same has also become dishonoured. Therefore, the petitioners have already issued a statutory legal notice under Sections 138 and 142 of NI Act to the defacto complaiant. After receipt of the dishonour of the cheque, the defacto complainant has given a false complaint. He would further submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, they may be granted anticipatory bail. 4.The learned Government Advocate (Crl.Side) would submit that the defacto complainant borrowed some amount from the petitioners and they demanded exorbitant interest from the defacto complainant and also harassed her and her family members.

There is a specific overt act attributed as against the petitioners.

of the petitioners are required in this case. Hence, he strongly opposed for grant of anticipatory bail to the petitioners. 5.The learned counsel appearing for the intervenor vehemently opposed for grant of anticipatory bail to the petitioners. 6.Considering the seriousness and gravity of the offences and considering the facts that investigation is still pending and the custodial interrogation of the petitioners are required in this case, this Court is not inclined to grant anticipatory bail to the petitioners.

7.Accordingly, these Criminal Original Petitions are dismissed. sd/- 12/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE GANESHNAGAR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.A.BALAJI, Advocate SR.No.49334 (F) (Date:13/10/2022)

ORDER

IN CRL OP(MD) No.11479 & 11569 of 2022 Date :12/10/2022 cp SA/VR/SAR.2/26.10.2022/3P/4C 3/3