BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9713 of 2011 CHITHIRAI PANDIAN ...PETITIONER/ACCUSED Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE PETTAI POLICE STATION, CRIME NO.390 OF 2011, TIRUNELVELI DISTRICT ...RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused in Crime No.390 of 201 and he is in judicial custody from 07.07.2011 for the alleged offence punishable under Sections 448, 294(b), 387 and 506(ii)I.P.C. and Section 4 of Tamil Nadu Prohibition of Exorbitant Interest Ordinance Act, 2003, on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is the first class Government Contractor. He would further submit that the defacto complainant has borrowed a sum of Rs.3,50,000/- from the petitioner and since he has not repaid the amount, a false complaint has been given against the petitioner and a case has been registered on 25.02.2010, in Crime No.41 of 2010, which was taken on file in C.C.No.79 of 2010 before the learned Judicial Magistrate No.III, Tirunelveli. He would further submit that for the same set of facts, the present complaint has been registered on 03.07.2011. He would further submit that he was already arrested and remanded to judicial custody from 03.07.2011 in another Crime No.20 of 2011 for the same offence and therefore, P.T. Warrant was issued against the petitioner and hence, he was remanded to judicial custody on 07.07.2011. He would further submit that the investigation is considerably over and hence, he prays for enlargement on bail. 3.The learned Additional Public Prosecutor would submit that there are two previous cases pending against the petitioner, who is the money lender. He would further submit that even though he https://hcservices.ecourts.gov.in/hcservices/ lent a sum of Rs.3,50,000/-, he collected a sum of Rs.14,70,000/- as interest and the investigation is going on and hence, he prays for the dismissal of this application. 4.Considering the rival submissions made by both sides and also on perusal of the document filed by the petitioner, it is true that the petitioner is arrayed as an accused in Crime Nos.41 and 20 of 2011 for the offence under Section 4 of Tamil Nadu Prohibition of Exorbitant Interest Ordinance Act, 2003, including other provisions of I.P.C. Admittedly, while perusing the F.I.R.s in Crime No.41 of 2010 as well as Crime No.390 of 2011, the defacto complainant is one and the same and the averments also are one and the same. The defacto complainant himself admitted that he has borrowed a sum of Rs.3,50,000/- from the petitioner, but he repaid a sum of Rs.14,70,000/- as interest. 5.Considering the facts and circumstances of this case and also considering the fact that the petitioner was already arrested on 03.07.2011 in Crime No.20 of 2011 and he is in judicial custody from 07.07.2011 and the investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate No.V, Tirunelveli, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. Until further orders. sd/- 04/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI 2.THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 3.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURI 6.THE SUB INSPECTOR OF POLICE PETTAI POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.26104 rl/8c – 4.8.2011 ORDER IN CRL OP(MD) No.9713 of 2011 Date :04/08/2011 https://hcservices.ecourts.gov.in/hcservices/