Sujith v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sujith ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Town North Police Station, Dindigul.
Crime No.400 of 2022.
... Respondent/Complainant For Petitioner : M/s.Manikandan P, 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.400 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(2) of Indian Penal Code and Sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, in Crime No.400 of 2022, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant obtained a sum of Rs.15,00,000/- as loan from the petitioner. When the defacto complainant approached the petitioner for re-paying the Principal loan amount, the petitioner demanded more interest and also abused and threatened him with dire consequence. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated 1/3
in this case. He would further submit that the defacto complainant borrowed a sum of Rs.15,00,000/- from the petitioner and did not repay the same. Instead, the defacto complainant threatened the petitioner with dire consequences.
4.The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case is pending against this petitioner.
5.Considering the duration of incarceration and the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Additional District Munsif Cum Judicial Magistrate, Vedasanthur, Dindigul, and on his executing 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 on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 26/07/2022 / TRUE COPY / /08/2022 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 ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL.
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2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3. THE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, DINDIGUL.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13279 of 2022 Date :26/07/2022 tta USK/PN/SAR-I/16.08.2022/3P/5C 3/3