CRL.O.P(MD)No.1119 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 23.01.2023

PRESENT

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

CRL.O.P(MD)No.1119 of 2023

Arokiyamary

...Petitioner

/Accused No.7

-vs-

The State represented by

The Inspector of Police,

Samayanallur Police Station,

Madurai District.

(in Cr.No.04 of 2023)

...Respondent/Complainant

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER: Criminal Original Petition filed under Section 438 of

Cr.P.C, praying to enlarge the petitioner on bail in the event of

his arrest by the respondent Police with respect to Cr.No.04 of

2023.

For Petitioner

: Mr.B.Vinoth Kumar, Advocate

For Respondent

: Mr.K.Sanjai Gandhi

Government Advocate (Crl.side)

****

ORDER

The petitioner, who apprehends arrest at the hands of the

respondent Police for the offences punishable under Sections 294(b)

and 506(i) of IPC and Section 5 of Tamil Nadu Prohibition of

Charging Exorbitant Interest Act in Crime No.4 of 2023 on the file

of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant,

is that due to money dispute, the accused persons have abused the

de-facto complainant in filthy language and also threatened to kill

him. Hence, the case.

3.The learned Counsel for the petitioner would submit that the

petitioner is an innocents and a false complaint has been given. He

would further submit that the de-facto complainant had borrowed an

amount of Rs.50,000/- from the accused and the de-facto complainant

has not repaid the amount and when it was questioned by the accused,

a false complaint has been given. He would further submit that the

petitioner is not a financier and he is prepared to abide by any

stringent condition that may be imposed by this Court. Hence, he

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CRL.O.P(MD)No.1119 of 2023

seeks for anticipatory bail.

4.The learned Government Advocate (crl. Side) appearing for the

respondent would submit that due to money dispute, the accused have

abused the de-facto complainant in filthy language and also

threatened to kill him and hence, he would oppose for grant of

anticipatory bail.

5.Taking into consideration the facts and submissions and also

on perusing the materials available on record including the F.I.R.,

this Court is inclined to grant anticipatory bail to the petitioner

with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail

in the event of arrest or on his appearance, within a period of

fifteen days from the date on which the order copy made ready,

before the learned Judicial Magistrate, Vadipatti, 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 respondent police or the police officer who

intends to arrest or to the satisfaction of the learned Magistrate

concerned, failing which, the petition for anticipatory bail shall

stand dismissed and on further condition 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

everyday at 10.30 a.m., until further orders.

[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 Kera