K.Vairaperumal v. The Inspector Of Police
CRL OP(MD). No.13443 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13443 of 2022 K.Vairaperumal ... Petitioner/ 3rd Accused Vs.
The State rep.by, The Inspector of Police, Vengamedu Police Station, Karur District.
Crime No.214/2022.
... Respondent/Complainant For Petitioner : Mr.S.I.Muthiah, 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.214/2022 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 447, 294(b) and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.214 of 2022, seeks anticipatory bail.
2.The defacto complainant worked under the first accused as driver and he obtained a sum of Rs.39,000/- as loan from him. At the time of borrowing, he has handed over the pro-note, cheques etc.,. When the defacto complainant approached the first accused for re-paying the Principal loan amount, the first accused demanded more interest and also abused and threatened him along with the other accused. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that there is money dispute between the first accused and the defacto complainant and the only allegation against the petitioner is that he criminally intimidated the defacto complainant by joining with the other accused. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13443 of 2022
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that no previous case is pending against this petitioner and also submitted that the petitioner has no direct contact with the defacto complainant. 5.Considering the facts and circumstances of the case and the limited role that has been alleged by this petitioner, this Court is inclined to grant bail to the petitioner, however, with stringent conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate NO.I, Karur, 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 JUDICIAL MAGISTRATE NO.I, KARUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.I.MUTHIAH, Advocate ( SR-7748[I] dated 27/07/2022 ) ORDER IN CRL OP(MD) No.13443 of 2022 Date :26/07/2022 TTA MK/VR/SAR.I/05.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2