Muthaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Muthaiah

2. Ravichandran

3. Rajamutharasu

4. Indira ... Petitioners/Accused Nos.1 to 4 Vs The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

(Crime No.333/2024).

... Respondent/Complainant For Petitioners :

Mr.K.Bala Sundaram, Senior Advocate for M/s.KBS Law Office, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.333/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 406, 420, 506(1) of IPC and Section 3 & 4 of Tamil Nadu Prohibition of Charging of Exorbitant Interest Act, 2003, in Crime No.333 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner and the father of the defacto complainant are friends. The father of the defacto complainant borrowed a sum of Rs.5,00,000/- for interest at the rate of 4% from the first petitioner towards his medical expenditure. However, the petitioners added usurious interest and forcibly entered into sale agreement. Even after subsequent payment, they are not returning the documents. Hence, the complaint. 3.Heard both sides.

4.Considering the facts and circumstances of the case and also considering the fact that a suit in OS.No.119 of 2024 is also pending between the parties with reference to the transactions, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Aranthangi, on condition 2/5

that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each 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 conditions that: (a)the petitioners 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 petitioners shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; It is made clear that no relaxation of the condition for the said period will be entertained by this Court;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; 3/5

(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate, Aranthangi.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

+1 CC to M/s.M/S.KBS LAW OFFICE, Advocate ( SR-9527[I] dated 06/08/2024 )

ORDER

IN CRL OP(MD) No.11992 of 2024 Date :06/08/2024 4/5

ED/ GS /SAR- (19/08/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5