Saravanan v. The Sub Inspector Of Police
CRL MP(MD) No.5728 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.5728 of 2021 IN CRL OP(MD) No.7734 of 2021 SARAVANAN ... PETITIONER/ PETITIONER Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.18 OF 2021. ... RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the amend the Respondent police station name as Narikudi instead of Thiruchuli in Crl.O.P.No.7734 of 2021 in dated on 16/07/2021 on the file of this Honourable Court. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.MAHENDRAPATHY, Advocate for the petitioner and of MR.P.KOTTAI CHAMY, Government Advocate (Criminal Side) for the respondent, the court made the following order:- This petition has been filed to amend the respondent Police Station as Narikudi Police Station instead of Thiruchuli Police Station in the order dated 16.07.2021 in Crl.O.P.(MD)No.7734 of 2021.
2. The petitioner was granted anticipatory bail by this Court in Crl.O.P.(MD)No.7734 of 2021, on 16.07.2021. Originally, a case has been registered against this petitioner on the file of Narikudi Police Station. But, the petition for anticipatory bail was filed as if the case is pending on the file of Thiruchuli Police Station. The learned Government Advocate, who defended the State, has also failed to inform the same that there is no case as against this petitioner in Thiruchuli Police Station. Further, the materials available on record would show that this petitioner is having seven previous cases. But, those materials have not been placed before this Court. This Court, based on the wrong information given by the learned Government Advocate, granted anticipatory bail to the petitioner.
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CRL MP(MD) No.5728 of 2021
3. Once a petition for anticipatory bail is filed, it is the duty of the law officers to verify all the details mentioned by the petitioner in the petition and give the correct particulars to the Court while entertaining the petition. But, in this case, it has not been done so. After getting anticipatory bail, the amendment cannot be done. Therefore, this petition is not maintainable. Accordingly, the Criminal Miscellaneous Petition is dismissed. Liberty is granted to the petitioner to file a fresh petition. sd/- 12/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, TIRUCHULI, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.5728 of 2021 IN CRL OP(MD) No.7734 of 2021 Date :12/08/2021 OGY MK/VR/SAR.III/19.08.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2