BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9431 of 2011 1 ARUNAGIRI 2 MARIAMMAL ... PETITIONERS / ACCUSED 1 AND 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE SENTHAMARAM POLICE STATION, CRIME NO.337/2011, TIRUNELVELI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MURUGAN Advocate For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 and 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, in Crime No.337 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that some years back the de-facto complainant borrowed a sum of Rs.85,000/- for nominal interest, he failed to pay the interest. Hence, the second petitioner filed a suit for recovery of money and hence a false case has been foisted against the petitioners and hence, they prayed for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submits that the petitioners herein charged exorbitant interest and hence the de-facto complainant given a complaint on 07.07.2011 and the investigation is going on and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and the alleged occurrence took place on 07.7.2011 and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Though the petitioners are blind persons and hence, the petitioners are ordered to be released on bail in the event of their arrest and on further condition is that the petitioners are directed to appear before the respondent police as and when required and the petitioners shall 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 Judicial Magistrate Tenkasi, Tirunelveli District. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 03/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE TENKASI, TIRUNELVELI DISTRICT 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL PUBLIC PROSECUTOR MADRUAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE SENTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT. 1. CC to M/S. S.MURUGAN Advocate SR.No.25816: DM::2011:AUGUST:05:: ORDER IN CRL OP(MD) No.9431 of 2011 Date :03/08/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/