Madras High CourtCRL OP(MD)/7860/2018ordered

M.Vairamuthu v. The Inspector Of Police

2018-05-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7860 of 2018 M.VAIRAMUTHU ... PETITIONER / RANK NOT KNOWN Vs THE STATE OF TAMILNADU REPRESENTED BY THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. UNKNOWN/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.DILIP KUMR Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( 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 420, 468, 471 and 506(i) of IPC, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.Unknown of 2018, on the file of the respondent police and hence, he seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and hence, he prays for anticipatory bail.

3. The learned Government Advocate (Criminal side) would submit that on the basis of the complaint given by the de-facto complainant, only petition enquiry is pending against the petitioner.

4. Considering the submission made by the learned Government Advocate (Criminal side), I am not inclined to grant anticipatory bail to the petitioner. However, I am inclined to give a direction to the respondent not to harass the petitioner under the guise of petition enquiry. The respondent is directed to follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.

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5. With the above direction, this Criminal Original petition is ordered.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.DILIP KUMR Advocate SR.No.8565

ORDER

IN CRL OP(MD) No.7860 of 2018 Date :16/05/2018 PJL SB/PN/VK-18/05/2018-2P-4C https://hcservices.ecourts.gov.in/hcservices/