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Madras High CourtCRL OP(MD)/10007/2019dismissed

Balamurugan v. The Inspector Of Police

2019-07-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10007 of 2019 Balamurugan ... Petitioner/Accused No.2 Vs State rep. by The Inspector of Police, DCB Police Station, Madurai District.

(Crime No.18/2018).

... Respondent/Complainant For Petitioner : M/s.S.A.Ajmal Khan, Advocate.

For Respondent : Mr.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.18/2018 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 IPC in Crime No.18 of 2019, seeks anticipatory bail. 2.The petitioner has already filed an anticipatory bail petition in Crl.O.P.(MD).No.15382 of 2018. Anticipatory bail was granted by this Court on 08.02.2019 and subsequently, the petitioner filed Crl.M.P.(MD).No.5199 of 2019 stating that he could not arrange sureties within the time granted by this Court. Considering his submissions, this Court by the order dated 17.06.2019 has extended one week time from the date of receipt of copy of the said order as last chance. The order copy was despatched on 24.06.2019. So, https://hcservices.ecourts.gov.in/hcservices/

totally, the petitioner got 41⁄2 months for executing bail bond. But the petitioner has not executed the bail bond within the aforesaid period. After waiting for further period of nearly one month, the petitioner has filed the present petition seeking fresh anticipatory bail stating that after passing of the order in Crl.M.P.(MD).No.5199 of 2019, he was affected by severe jaundice and hence, he could not arrange the sureties and execute a bond within the time extended by this Court, but he has not produced any material to show that he was affected by jaundice.

3.The attitude of the petitioner shows that he is not having any real apprehension. After getting anticipatory bail order, the petitioner without surrendering before the Court and executing the bail bond and subjecting himself to the process of law, going on filing petition after petition. The conduct of the petitioner cannot be appreciated. So, it appears that he is abusing the process of the law.

4.Hence, this petition is dismissed.

sd/- 16/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

ORDER

IN CRL OP(MD) No.10007 of 2019 Date :16/07/2019 VS JMN/VR/SAR-2/26.07.2019/2P-3C https://hcservices.ecourts.gov.in/hcservices/