Bala @ Balamurali v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/12/2024 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Bala @ Balamurali,

2. Krithiga, ... Petitioners/Accused No.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Srirangam Police Station, Crime No.1256 of 2024.. ... Respondent/Complainant For Petitioner : Mr.M. Pitchai Muthu, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1256 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/Accused 1 & 2, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and Section 506(1) of IPC on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to the money dispute, the petitioners threatened the defacto complainant by demanding exorbitant interest for the borrowal amount of Rs.2,00,000/- by the defacto complainant from the petitioners. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) would submit that due to the money dispute, the petitioners threatened the defacto complainant by demanding exorbitant interest for the borrowal amount of Rs.2,00,000/- by the defacto complainant from the petitioners and that no previous criminal case is pending 2/5

against the petitioners and there is money dispute between the parties and investigation is pending. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, the fact that no previous case is pending against the petitioners, and that there is money dispute between the parties, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute bonds 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 District Munsif cum Judicial Magistrate, Srirangam, Trichy District, and on further conditions that: [b] the petitioners shall report before the respondent police daily at 10.00 a.m. for a period of 30 days, and thereafter as and when required for the interrogation. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. 3/5

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

sd/- 27/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SM TO

1. The District Munsif cum Judicial Magistrate, Srirangam, Trichy District,

2. Do-Through The Chief Judicial Magistrate, 4/5

3. The Inspector of Police, Srirangam Police Station,

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

ORDER

IN CRL OP(MD) No.23105 of 2024 Date :27/12/2024 RK/SKN (02/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5