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Madras High CourtCRL OP(MD)/13402/2018dismissed

Kathiresan v. The Inspector Of Police

2018-07-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13402 of 2018 1.KATHIRESAN 2.BALASUDHA ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.20/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.PARAMASIVAM Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) For Intervenor : MR.S.MICHEAL HILDON KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 447, 294(b), 506 (ii) I.P.C and Section 3 of TNPPDL Act, in Crime No.20 of 2016, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side) for the respondent. 3.Today, when the matter is taken up for hearing, the learned counsel for the defacto complainant intervened and pointed out that the petitioners had earlier filed Crl.O.P(MD).No.4536 of 2018 and the same was dismissed as withdrawn. But, the learned counsel for the petitioners has mentioned in the present Criminal Original Petition as this is the first anticipatory bail petition before this Court. It is clearly a false averment. The petitioners have given https://hcservices.ecourts.gov.in/hcservices/ false instruction to the counsel, in order to mislead the Court. Such conduct have to be viewed very seriously. Therefore, this

Criminal Original Petition is dismissed with cost of Rs.1,000/- (Rupees one thousand only).

4.The learned counsel for the petitioners undertakes that the said amount will be jointly paid by the petitioners to the credit of the Hon'ble Chief Justice Relief Fund within a period of one week from the date of receipt of a copy of this order. Therefore, the petitioners are directed to pay a sum of Rs.1,000/-(Rupees one thousand only) to the Hon'ble Chief Justice Relief Fund within the aforesaid period.

sd/- 30/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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

+1. CC to M/S.K.PARAMASIVAM Advocate SR.No.14669

ORDER

IN CRL OP(MD) No.13402 of 2018 Date :30/07/2018 TR/JC/SAR-4 : 10/08/2018 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/