Athilingam v. The Inspector Of Police

CRL OP(MD). No.13770 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13770 of 2020 Athilingam ... Petitioner/Accused 1 Vs The State rep. by The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

Crime No.833 of 2020. ... Respondent/Complainant For Petitioner : Mr.A.Ajith Geethan, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.833 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent Police for the offence punishable under Section 448, 294(b), 506(i) of I.P.C.and Section 4 of Tamil Nadu Prohibition of Harrassment of Women Act,2002 and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.833 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner sought 5% interest for loan amount and since the defacto complainant has not paid the interest due to pandemic period, the petitioner caused criminal intimidation as against the defacto complainant's family. 3.The learned counsel appearing for the petitioner submitted https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13770 of 2020 that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate appearing for the respondent Police submitted that the petitioner is having 16 previous cases. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is having 16 previous cases, I am not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal original petition is dismissed. sd/- 02/12/2020 / TRUE COPY / / /2020 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, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13770 of 2020 Date :02/12/2020 LS SRS/JC/SAR-II/07.12.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2