Madras High CourtCRL OP(MD)/15246/2021dismissed

Sabari v. The Inspector Of Police

2021-10-06Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.15246 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15246 of 2021 Sabari ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, Karur Town Police Station, Karur, Karur District.

Cr.No. 1244 of 2021. ... Respondent/Complainant For Petitioner : M/s.Santhanam Rajesh Kumar.B., 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.1244 of 2021 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 offences punishable under Sections 294(b), 506(i) of IPC r/w 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.1244 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is running a tailoring shop. He borrowed a sum of Rs.10,000/- from the petitioner to develop the said shop and thereafter, the defacto complainant paid the principal amount with interest amount of Rs.3,000/-. On 22.07.2021, the petitioner along with another financier demanded more interest. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the defacto complainant borrowed a sum of Rs.25,000/- and did not repay the same. Instead, the defacto complainant threatened the petitioner with dire consequences.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.15246 of 2021 4.Heard the learned Government Advocate (Criminal Side) appearing for the respondent Police.

5.It appears that this is the second application for anticipatory bail petition. The earlier anticipatory bail Petition filed in Crl.OP(MD)No.12227 of 2021 was dismissed as against the petitioner on 09.09.2021, on the ground that the petitioner collected ex-orbitant interest. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

6.Since there is no change of circumstance and considering the antecedents of the petitioner, this Court is not inclined to entertain this Criminal Original Petition and the same is accordingly dismissed.

sd/- 06/10/2021 / 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, Karur Town Police Station, Karur, Karur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.15246 of 2021 Date : 06/10/2021 RS/PN/SAR1 (13.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2