Madras High CourtCRL MP(MD)/6525/2021dismissed

R.Ganesh v. The Inspector Of Police

2021-09-03Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of September Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.990 of 2021

1. R.GANESH

2. RAMAKRISHNAN

3. MALLIGA

4. PANDIMURUGAN ... PETITIONERS/PETITIONERS/ ACCUSED NO.1 TO 4 (IN BOTH PETITIONS) Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

(CRIME NO. 1 OF 2021) ... RESPONDENT/RESPONDENT/ COMPLAINANT (IN BOTH PETITIONS) Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to amend the respondent`s address in cause title as the Inspector of Police, All Women Police Station, Sivagangai instead of the Inspector of Police, All Women Police Station, Devakottai in Crl.O.P. (MD) No. 990/2021 dated 29.07.2021 in connection with Crime No. 1 of 2021 on the file of the resondent police. Prayer in CRL MP(MD)No.6536/ 2021 :

To extend the time of surrender before the Trail Court in Crl.O.P. (MD) No. 990 of 2021 dated 29.07.2021 in connection with Crime No. 1 of 2021 on the file of the resondent police. Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of petitioners not appearing either in person or by an advocate in both petitions and of Mr.P.KOTTAI CHAMY, Government Advocate (Criminal Side) on behalf of the Respondent in both petitions, the court made the following order:- 1/3

The petitioners are apprehending arrest at the hands of the Inspector of Police, All Women Police Station, Sivagangai, in connection with the case in Crime No.1 of 2021. Therefore, they have moved the application in Crl.OP(MD)No.990 of 2021 for anticipatory bail and this Court by order dated 29.07.2021 has granted anticipatory bail to the petitioners.

2. Now, they have filed the miscellaneous petition in Crl.MP (MD)No.6525 of 2021 to amend the cause title as 'Inspector of Police, All Women Police Station, Sivagangai (Cr.No.1 of 2021)', instead of 'Inspector of Police, All Women Police Station, Devakottai (Cr.No.1 of 2021)', stating that by inadvertence, the respondent police was wrongly shown in the main application.

3. This Court is not inclined to condone such type of mistake. In a bail / anticipatory bail application, the most important thing is the name of the police, which has arrested or intends to arrest the petitioner(s). If the respondent police itself is wrongly shown, this Court fails to understand as to how instruction could have been obtained from the concerned police on the main application itself. Therefore, this Court is not inclined to entertain the application in Crl.M.P.(MD)No.6525 of 2021 and the same is accordingly, dismissed.

4. Since the amendment petition itself was dismissed, the petition in Crl.M.P(MD)No.6536 of 2021 seeking extension of time is also dismissed. It is open to the petitioners to file a fresh application for anticipatory bail, by showing the correct cause title of the respondent police.

sd/- 03/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

4. ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.6525 & 6536 of 2021 IN CRL OP(MD) No.990 of 2021 Date :03/09/2021 gk USK/JM/SAR-IV/09.09.2021/3P/5C 3/3