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Madras High CourtCRL OP(MD)/8670/2018dismissed with cost

Surulimani v. The Inspector Of Police

2018-06-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8670 of 2018 SURULIMANI ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE BODI TALUK POLICE STATION, THENI DISTRICT.

IN CRIME NO. 307 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.A.UTHAYAKUMAR, Advocate For Respondent : MR.A.ROBINSON, 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 offences punishable under Sections 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.307 of 2018, 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.Yesterday, when the matter was came up for hearing, it is submitted on the side of the prosecution that there are two cases pending against the petitioner. This statement was wrongly denied by the petitioner's counsel. The learned counsel for the petitioner emphatically stated that the petitioner is not having any previous case. Therefore, this Court adjourned the matter and it was made clear that if the respondent Police furnished wrong information, they will be called for contempt and if the petitioner's counsel submission was incorrect, he will be levied with penalty. 4.Today, the respondent Police produced the materials to show that the petitioner was shown as an accused in Crime Nos.388 of 2016 and 601 of 2016. They are also sand theft cases. https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of the conduct of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed with cost of Rs.5,000/-(Rupees Five Thousand only) payable to the Chief Minister Relief Fund.

sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, BODI TALUK POLICE STATION, THENI DISTRICT.

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

COPY TO :

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.A.UTHAYAKUMAR, Advocate SR.No.9677

ORDER

IN CRL OP(MD) No.8670 of 2018 Date :06/06/2018 PK/RR-CSL/ASVM/13.06.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/