Uma v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.17674 of 2024 Uma, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, South Gate Police Station, Madurai.
Crime No.281 of 2024..
... Respondent/Complainant For Petitioner : Sukumar S, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.281 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 323, 506(i) of IPC and Section 4 of TNPWH Act, and Section 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, in Crime No.281 of 2024, seeks anticipatory bail.
2.The case of the prosecution is that after advancing a sum of Rs.50,000/-, the accused kept on collecting Rs.5,000/- per month to be deposited in the account of the petitioner's son-in-law. Totally about Rs.1,40,000/-. Hence, the complaint. 3.Heard both sides.
4. Considering the nature of the allegations in this case and also considering the argument of the learned counsel for the petitioner that without prejudice to her contentions, the petitioner will deposit a sum of Rs.70,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5.Accordingly, as per the undertaking given by the learned counsel for the petitioner, the petitioner shall pay a sum of Rs.70,000/- (Rupees Seventy Thousand Only) to the credit of Crime No.281 of 2024, without prejudice to her rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.IV, Madurai. 6.On production of such receipt, the petitioner is ordered to be released on bail in the event of arrest or on 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.IV, Madurai, 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 learned Magistrate concerned and on further conditions 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 10.30 am 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 23/10/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIA MAGISTRATE NO.IV,MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, SOUTHGATE POLICE STATION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to SUKUMAR S Advocate SR.No.60169
ORDER
IN CRL OP(MD) No.17674 of 2024 Date :23/10/2024 MGJ(23.11.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023