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Madras High CourtCRL OP(MD)/1483/2020dismissed with cost

Arockiasamy v. The Inspector Of Police

2020-01-29Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1483 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1483 of 2020 Arockiasamy ... Petitioner/Accused No.2 Vs State rep. by The Inspector of Police, Ambathurai Police Station, Dindigul District, Cr.No.390 of 2019.

... Respondent/Complainant For Petitioner : M/s.M.Murali, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.390 of 2019 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 8(c) and 20(b)(ii)(B) of NDPS Act 1985, in Crime No.390 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. In the petition, it has been averred that this is the first petition for anticipatory bail.

4. The learned Government Advocate(Crl. Side) pointed out that the petitioner had already moved this Court on two earlier occasions and this Court declined to grant relief. But it has been falsely represented that this is the first anticipatory bail petition filed https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1483 of 2020 before this Court.

5. The petitioner has come to this Court with unclean hands. When the petitioner moved this Court on two earlier occasions, the petitioner was duty bound to make a fair disclosure. The petitioner has not done so.

6. Hence, I am not inclined to grant any relief to the petitioner. The criminal original petition stands dismissed. The petitioner has to be mulcted with cost. The petitioner shall deposit a sum of Rs.5,000/-(Rupees Five Thousand only) towards costs to the credit of the Hon'ble Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order. sd/- 29/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, AMBATHURAI POLICE STATION, DINDIGUL DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Copy to:

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.M.MURALI Advocate SR.No.1771

ORDER

IN CRL OP(MD) No.1483 of 2020 Date :29/01/2020 PMU JMN/SKN/SAR-3 (03.02.2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2