Madras High CourtCRL OP(MD)/22467/2024disposed of

D.Thamarai Selvan v. The State Of Tamil Nadu

2024-12-19Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). Nos.22467 and 22490 of 2024 and Crl.M.P.(MD) Nos.14160 and 14165 of 2024 D.Thamarai Selvan ... Petitioner / Accused(rank not known) Vs The State of Tamil Nadu Represented by the Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

(Crime No.720 of 2024) ... Respondent/Complainant For Petitioner : Mr.P.Gunasekaran, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) Mr.S.Palani Velayutham for Intervenor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 720 of 2024 on the file of the respondent police. 1/4

Crl.O.P(MD) No.22490 of 2024 P.Dhanasekaran ... Petitioner / Accused(rank not known) Vs The State of Tamil Nadu Represented by the Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

(Crime No.720 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Balasubramanian, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) Mr.S.Palani Velayutham for Intervenor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 720 of 2024 on the file of the respondent police. COMMON ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 351(2) of BNS, 2023, and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, in Crime No.720 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is doing real estate business. He is said to have approached A1 and borrowed a sum of Rs.45,00,000/-. He had repaid nearly a sum of Rs.47,00,000/-. As a security, four sale deeds were 2/4

executed in favour of A1. Even after the amount was returned back, the accused persons demanded an exorbitant interest and were refusing to re-transfer the property. There are totally two accused persons in this case and A1 is the father and A2 is the son.

3. Heard the learned counsel on either side and perused the material records of the case.

(*)4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire case is borne out by records and there may not be any need for custodial interrogation in this case, there shall be a direction to the respondent police to adopt the procedure adumbrated under Section 35 of BNSS, 2023 and complete the investigation as expeditiously as possible.

5. These Criminal Original Petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed. sd/- 19/12/2024 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL OP(MD)Nos.22467 AND 22490 OF 2024 DATED 20/01/2025.

/ TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN 3/4

TO TO BE SUBSTITUTED WITH THE ORDER DATED 19/12/2024 ALREADY DESPATCHED 1 THE INSPECTOR OF POLICE, THISAIYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD). Nos.22467 and 22490 of 2024 Date :19/12/2024 RK/SKN (10/01/2025) 4P /3 C SMA SS/SKN/SAR- /13/02/2025/ 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4