Madras High CourtCRL OP(MD)/12227/2021dismissed

Sabari v. The Inspector Of Police

2021-09-09Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.12227 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.12227 of 2021 Sabari ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Karur Town Police Station, Karur, Karur District.

Crime No.1244 of 2021. ... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar, 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.1244 of 2021 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. in Crime No.1244 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is running a tailoring shop. He borrowed a sum of Rs.10,000/- from the petitioner to develop the said shop and thereafter, the defacto complainant paid the principal amount with interest amount of Rs.3,000/-. On 22.07.2021, the petitioner along with another financier demanded more interest. Hence, the complaint. 3.The learned counsel for the petitioner submits that the defacto complainant borrowed a sum of Rs.25,000/- and did not repay the same. Instead, the defacto complainant threatened the petitioner with dire consequences. He further submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case. 4.This Court directed the respondent police to file a report by ascertaining from all the neighbours and other witnesses, whether https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12227 of 2021 the petitioner collected exorbitant interest. The respondent police filed a detailed report before this Court that the petitioner and others are in the habit collecting exorbitant interest. The petitioner collected interest of Rs.1,000/- for a sum of Rs.10,000/-.

5.It is seen from the statements, which have been recorded and the available materials show that the petitioner collected exorbitant interest. Hence, this Court is not inclined to grant anticipatory bail and this Criminal Original Petition is dismissed. sd/- 09/09/2021 / TRUE COPY / / /2021 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 INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12227 of 2021 Date :09/09/2021 IAS MK/JC/SAR.II/16.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2