BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11650 of 2011 S.A.PANDI ... PETITIONER/SINGLE ACCUSED Vs THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.MOHIDEEN BASHA Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506 (i) of I.P.C. r/w Section 4 of the Tamil Nadu Prevention of Charging of Exorbitant Interest Act, in Crime No. Not Known of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that a false case has been foisted against him under Sections 294(b) and 506(i) of I.P.C. r/w Section 4 of the Tamil Nadu Prevention of Charging of Exorbitant Interest Act. He further submitted that the defacto complainant has given a cheque and the same was dishonoured and hence, the petitioner has filed a private complaint, under Section 138 NA Act, against the defacto complainant's father and brother, which was taken on file in STC Nos.358/2011 and 284/2011 and the same was pending before the learned Judicial Magistrate No.IV, Tirunelveli. He further submitted that due to enmity between them, a false case has been registered and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the petitioner has demanding a higher rate of interest and hence, a case has been registered and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the defacto complainant gave a cheque and the same was dishonoured and hence, the petitioner has filed a private complaint against the defacto complainant's father and brother, which was taken on file in STC Nos.358/2011 and 284/2011 and the same was pending before the learned Judicial Magistrate No.IV, Tirunelveli and there is a money dispute pending between them, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, No.I, Tirunelveli and on 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 learned Magistrate concerned and on https://hcservices.ecourts.gov.in/hcservices/ further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3. THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TIRUNELVELI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.MOHIDEEN BASHA Advocate SR.No.29854 GH : 06.09.2011 : 2P/6C ORDER IN CRL OP(MD) No.11650 of 2011 Date :05/09/2011 https://hcservices.ecourts.gov.in/hcservices/