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Madras High CourtCRL OP(MD)/1314/2020dismissed

Devendran @ John Devendran v. The Inspector Of Police

2020-01-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1314 of 2020 Devendran @ John Devendran, ... Petitioner/2nd Accused Vs The State rep.by The Inspector of Police, R.S.Mangalam Police Station, Ramnad District , Cr.No.167 of 2019.

... Respondent/Complainant For Petitioner : M/s.T.Lenin Kumar, 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.167 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 under sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.167 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner had earlier filed Crl.O.P.(MD)No.17219 of 2019 before this Court seeking anticipatory bail.

4. When the matter was taken up hearing, the petitioner gave an undertaking that he will surrender and apply for regular bail. It was on that basis anticipatory bail was granted to the co-accused/Sekar. But the petitioner has not complied with the said undertaking. Instead he is filing petition after petition seeking the relief of anticipatory bail. The conduct of the petitioner https://hcservices.ecourts.gov.in/hcservices/

cannot be appreciated. Having given an undertaking before the Court that he would surrender and apply for regular bail, it is not open to the petitioner to maintain a subsequent petition for anticipatory bail. The very filing of this petition is an abuse of legal process. Therefore, this criminal original petition stands dismissed with a costs of Rs.1,000/-. Accordingly, the petitioner is directed to pay a cost of Rs.1,000/- (Rupees One Thousand only) to the Chief Justice's Relief Fund, within a period of one week from the date of receipt of a copy of this order.

sd/- 28/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, R.S.MANGALAM POLICE STATION, RAMNAD DISTRICT. 2 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-1824[I] dated 30/01/2020 ) Copy to:

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

ORDER

IN CRL OP(MD) No.1314 of 2020 Date :28/01/2020 IAS SDS/SKN/SAR-2 (11.02.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/