Madras High CourtCRL OP(MD)/8539/2018ordered

Rakesh@Hariharan v. The Insepctor Of Police

2018-05-18Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.8539 of 2018 1 RAKESH @ HARIHARAN 2 SEETHA ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSEPCTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.

(CRIME NO. NOT KNOWN OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.NATARAJAN Advocate For Respondent : M/S.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 petitioners are apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406, 294(b), 506(i) 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) 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 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. https://hcservices.ecourts.gov.in/hcservices/

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

sd/- 18/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSEPCTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.NATARAJAN Advocate SR.No.8954

ORDER

IN CRL OP(MD) No.8539 of 2018 Date :18/05/2018 JM/PN/GSR/23.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/