S.P.Manimaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN S.P.Manimaran, ... Petitioner/Accused Rank Not Known Vs State rep.by The Inspector of Police, Tamil University Police Station, Thanjavur.

Crime No. Not Known of 2019. ... Respondent/Complainant For Petitioner : M/s.K.Arunraj, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 341, 384, 387 and 506(i) of I.P.C., in Crime No.260 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The defacto complainant Ramkumar alleges that he had taken over a tea shop run by one Vinod after paying him a sum of Rs.3,00,000/-. However, he has to pay a sum of Rs.2,00,000/- more. The defacto complainant has been remitting a sum of Rs.10,000/- every month to the petitioner herein who is the owner of the complex. The defacto complainant is said to have borrowed a sum of Rs.1,00,000/- from the petitioner herein. However, the petitioner 1/3

is said to be collecting exorbitant interest. In fact, the defacto complainant was unable to service the loan account. The petitioner is said to have taken the car of the defacto complainant and also his security instruments. The petitioner is also said to be threatening the defacto complainant. That lead to the registration of the case on hand.

4.The learned counsel for the petitioner on instructions said that he would return the vehicle to the defacto complainant. He will appear before the respondent daily at 10.30 a.m., for a period of seven days. The petitioner undertakes that he will not take law in his hands and follow the due process of law. If this undertaking is breached, the anticipatory bail granted will stand cancelled automatically.

5. In the view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Thanjavur, and on his executing 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 condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of 7 days and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 20/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, TAMIL UNIVERSITY POLICE STATION, THANJAVUR.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-22389[I] dated 20/12/2019 )

ORDER

IN CRL OP(MD) No.19381 of 2019 Date :20/12/2019 PNN AE/JC/SAR-IV (03.01.2020) 3P 6C 3/3