Madras High CourtCRL OP(MD)/18990/2021dismissed

Rajasekar v. The Inspector Of Police

2021-12-21Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.18990 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.18990 of 2021

1. Rajasekar

2. Kasirajan @ Kasinathan ... Petitioners/Accused Nos.1 & 2 Vs The State Rep. by The Inspector of Police, S.S.Colony Police Station (L&O), Madurai City.

Crime No.854/2021 ... Respondent/Complainant For Petitioner : Mr.R.SELVARAJ, 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.854 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police, for the offence punishable under Sections 294(b), 420, 379, 506(ii) IPC and Sections 3 and 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.854 of 2021, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant obtained a sum of Rs.50,000/- as loan from the petitioners. After repaying the principal loan amount, the first petitioner demanded more interest and refused to return his car, which was in possession of the second petitioner and also abused and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submits that this is the third anticipatory bail petition. The earlier bail petition was dismissed by this Court, vide order dated 01.10.2021. Hence, the petitioners have come forward with this petition, seeking anticipatory bail.

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CRL OP(MD). No.18990 of 2021

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the petitioners are in the habit of collecting exorbitant interest from the public. Further, the first petitioner is having two previous cases.

5. Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioners and also the fact that there is no change in circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed. sd/- 21/12/2021 / TRUE COPY / / /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 INSPECTOR OF POLICE, S.S.COLONY POLICE STATION (L&O), MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.18990 of 2021 Date :21/12/2021 SA/VR/SAR.3/06.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2