B.Maheswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.8323 of 2018 B.MAHESWARAN ... PETITIONER/SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE WEST POLICE STATION, THANJAVUR ... RESPONDENT/COMPLAINANT For Petitioner : Mr.G.KARNAN Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Government 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 420 464 465 467 468 470 471 and 506(ii) IPC, in Crime No.Not known of 2018 on the file of the respondent police and hence, pray for 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 (Crl.side) appearing for the State would submit that on the basis of the complaint given by the de-facto complainant, only petition enquiry is pending. 4.Considering the submission made by the learned Government Advocate (Crl.side), I am not inclined to grant anticipatory bail to the petitioners. However, I am inclined to give a direction to the respondent police 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 disposed of.

sd/- 17/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

ORDER

IN CRL OP(MD) No.8323 of 2018 Date :17/05/2018 MM SH/VC/RNB:22.05.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/