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Madras High CourtCRL OP(MD)/11578/2022granted

N.Marimuthu v. The Inspector Of Police

2022-07-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11578 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11578 of 2022 N.Marimuthu ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Karur Town Police Station, Karur District.

Crime.No.349 of 2022.

... Respondent/Complainant For Petitioner : Mr.Mathiyalagan R, 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. 349 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b), 342 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.349 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant received a sum of Rs.10,000/- on interest basis from the accused persons. He was regularly paying the interest, but he could not repay the principal amount. Now, the accused persons demanded a sum of Rs.30,000/- from the defacto complainant. When that was refused, he was criminally intimidated and was abused in filthy language. 3.The learned counsel for the petitioner would submit that there was no money transaction between the petitioner and the defacto complainant. To that effect, the petitioner has filed an affidavit.

4.Whether the petitioner is involved in the aforesaid occurrence is a matter for investigation.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11578 of 2022 5.Since the petitioner has stated that he has not demanded any exorbitant interest from the defacto complainant and to that effect, he has filed an affidavit, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Karur 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 and shall cooperate with the respondent police to complete the process of investigation. 7.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 shall stand dismissed.

sd/- 08/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.I, KARUR.

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

3. THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

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

ORDER IN CRL OP(MD) No.11578 of 2022 Date :08/07/2022 USK/SVR/SAR-II/20.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2