R.Lakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN R.Lakshmi ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.
Crime No.1191 of 2020 dated 01.12.2020 ... Respondent/Complainant For Petitioner : Mr.S.Saravanan, Advocate.
For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.1191 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who is the accused, apprehending arrest at the hands of the respondent police for the offence punishable under Section 506(ii) IPC, and Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003, in Crime No.1191 of 2020, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is the petitioner lend a hand loan to the defacto complainant's husband namely one Chelladurai. Later on the defacto complainant's husband died. Hence, the petitioner threatened the defacto complainant with dire consequence and asked for repayment of the said loan with exorbitant interest. Hence the complaint.
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3.Heard the learned counsel appearing for the petitioner, and the learned Government Advocate (Crl.Side) appearing for the respondent.
4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the alleged offence is not made out against the petitioner. 5.The learned Government Advocate (Crl.Side), appearing for the respondent police submitted that the petitioner threatened the defacto complainant with dire consequence and asked for repayment of the said loan with exorbitant interest.
6.Considering the facts and circumstances of the case and also considering the fact that, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Kovilpatti, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 2/3
(f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/12/2020 / 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 JUDICIAL MAGISTRATE NO.2, KOVILPATTI.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE INSPECTOR OF POLICE, WEST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SARAVANAN, Advocate (SR-8059[I] dated 11/12/2020 )
ORDER
IN CRL OP(MD) No.14469 of 2020 Date :10/12/2020 VSD TK/PN/SAR.3/15.12.2020/3P/6C 3/3