Madras High CourtCRL OP(MD)/12805/2021dismissed

S.Savariyan v. The Inspector Of Police

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

CRL OP(MD). No.12805 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.12805 of 2021 S.Savariyan ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Koodangulam Police Station, Tirunelveli District.

In Crime No.295 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.SUYAMBULINGA BHARATHI, 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.295 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294 (b), 506(i) IPC, Section 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act 2003 and section 4 of TNPWH Act, in Crime No.295 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant borrowed a sum of Rs.10,000/- from the petitioner/accused and she paid a sum of Rs.6,000/-. On 17.06.2021, the petitioner came to the house of the defacto complainant and demanded more interest on the principal amount. He also abused the defacto complainant in filthy language and threatened her with dire consequences.

3. The learned counsel for the petitioner submitted that the petitioner lent money to one Lazer, who is none other than the husband of the defacto complainant. After receiving the amount, he failed to repay the money to the petitioner as agreed. On 17.06.2021, the petitioner lodged a complaint before the respondent Police and during the enquiry, the defacto complainant and her husband assured to settle the amount within a short span of time. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12805 of 2021 Even thereafter, they failed to repay the amount and falsely gave a complaint against the petitioner.

4. The learned Government Advocate (Crl. Side) produced a copy of the FIR and submitted that the petitioner is in the habit of collecting exorbitant interest and due to the harassment, the defacto complainant left the village.

5. On a perusal of the FIR, it appears that the petitioner is in the habit of collecting of exorbitant interest. Further, the petitioner harassed the defacto complainant by demanding exorbitant interest on the amount borrowed by her, which drove the defacto complainant out of the village.

6. In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the 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 KOODANGULAM POLICE STATION, TIRUNELVELI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12805 of 2021 Date :09/09/2021 OGY MK/PN/SAR.III/28.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2