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Madras High CourtCRL OP(MD)/6549/2018dismissed

R.Periyasamy, v. The Inspector Of Police,

2018-04-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6549 of 2018 R.PERIYASAMY, ... PETITIONER/ACCUSED No.2 Vs THE STATE THROUGH THE INSPECTOR OF POLICE, TEPPAKULAM POLICE STATION, MADURAI DISTRICT (CRIME NO.1009/2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.REVATHI Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 302 IPC., in Crime No.1009 of 2017, seeks anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent Police.

3. The Hon'ble Supreme Court has categorically held that the question of granting anticipatory bail in a murder case would arise only if it is shown that the accused has been falsely implicated, but, in the case on hand, the petitioner's participation has come to light, based on the confession given by the first accused. It appears to be that it is not the case of false implication. Hence, anticipatory bail is declined. Accordingly, this Criminal Original Petition is dismissed.

sd/- 23/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

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

ORDER

IN CRL OP(MD) No.6549 of 2018 Date :23/04/2018 SMA/PN/SAR-4/02.05.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/