Pappi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). Nos.8468 & 7265 of 2025 1.Pappi, W/o.Mani (*)2.Angayarkanni, W/o.Arulmurugan ... Petitioners in Crl.O.P.(MD).No.8468 of 2025/A2 & A4 1.Jeeva @ Jeevakumar, S/o.Selvakumar 2.Sangeetha @ Sangeethapriya, W/o.Jeevakumar ... Petitioners in Crl.O.P.(MD).No.7265 of 2025/A1 & A3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Manapparai Police Station, Trichy District.
(Crime No.124 of 2025) ... Respondent/Complainant in both petitions 1/7
For Petitioners :
Mr.S.Mahendrapathy, (in both petitions) Advocate For Respondent :
Mr.S.Prakash, (in both petitions) Government Advocate (Criminal Side) COMMON PRAYER :- For Anticipatory Bail in Crime No.124 of 2025 on the file of the respondent Police. COMMON ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 308(ii), 351(3) and 191(2) of BNS, 2023 r/w. Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act in Crime No.124 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the de-facto complainant's husband, for the development of his business, borrowed a sum of Rs.5,00,000/- from the 2nd accused and paid an exorbitant interest amounting to Rs.10,80,000/-. It is alleged that the 2nd accused demanded a further exorbitant amount from the de-facto complainant. Subsequently, he borrowed a sum of Rs.2,00,000/- from the 1st accused and paid an exorbitant interest amounting to Rs.3,60,000/-. It is further alleged that the 1st accused also demanded an additional exorbitant amount from the de-facto 2/7
complainant. Thereafter, the petitioners/accused went to the de-facto complainant's house, demanded repayment of the borrowed amount, abused him in filthy language, and threatened him with dire consequences. Hence, the present case.
3. On 28.04.2025 and 08.05.2025, this Court referred these matters to the Mediation and Conciliation Centre attached to this Bench, and reports, dated 17.06.2025, have been received by this Court. Despite referring the matters to the Mediation on the request made by the parties, there is no amicable settlement arrived between them.
4. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. In fact, the petitioners went to the residence of the de-facto complainant and merely requested him to repay the defaulted amount along with nominal interest. However, the de-facto complainant refused to make the payment and lodged the present false complaint against the petitioners. He further submitted that the petitioners have been falsely implicated in this case. Hence, he seeks anticipatory bail for the petitioners.
5. The learned Government Advocate (Criminal Side) submitted that the petitioners seek exorbitant interest from the de-facto complainant. He further submitted that there are totally five accused persons in this case and the petitioners have been arrayed as A1 to A4. A5 is still absconding. Hence, he opposed to grant 3/7
anticipatory bail to the petitioners.
6. Taking into consideration of the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioners, and also taking note of the fact that as the date of occurrence is 24.03.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Manapparai, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Manapparai, Trichy District, failing which, the petitions for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; 4/7
(b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Manapparai, Trichy District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Manapparai, Trichy District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; 5/7
(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
8. Accordingly, these Criminal Original Petitions are allowed. sd/- 24/06/2025 (*)Amended as per the order of this Court dated 14/08/2025 made in CRL MP(MD) No.10733 of 2025 in CRL OP(MD) No.8468 of 2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
To be substituted to the order which is already despatched on 10/07/2025 MKN TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
6/7
ORDER
IN CRL OP(MD) No.8468 of 2025 & CRL OP(MD) No.7265 of 2025 Date :24/06/2025 NM/08.07.2025/ 7P/5C HPS/15.09.2025/ 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7