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Madras High CourtCRL OP(MD)/16281/2018closed

Vadivel v. The Inspector Of Police

2018-10-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.16281 of 2018 K.VADIVEL ... PETITIONER / ACCUSED No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, JAYAMANGALAM POLICE STATION, THENI DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : No Appearance For Respondent : Mrs.M.ANANTHA DEVI, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This Criminal Original Petition was adjourned to enable the respondent police to file their status report.

2. When the matter was taken up for hearing, the learned Government Advocate informs this Court that the petitioner herein has been arrested. This is a case that involved chopping of fingers of the de facto complainant by the father and son duo. The son was arrested only on 27.09.2018. But, I am informed that the bail has been granted to the son even on 15.10.2018. The father was arrested only on 25.10.2018.

3. This Court expresses its surprise that even when the coaccused namely father was absconding, the Sessions Court chose to grant bail to the first accused. The petitioner herein is yet to file any bail application. The petitioner shall not be granted bail, till the final report is filed. This is a case in which the petitioner made a false statement before this Court which made his Counsel to even withdraw his appearance.

4. The Registry is directed to mark a copy of this order to the Principal Sessions Judge, Theni.

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5. With these directions, this Criminal Original Petition is closed.

sd/- 26/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SESSIONS JUDGE, THENI.

2. THE INSPECTOR OF POLICE, JAYAMANGALAM POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16281 of 2018 Date :26/10/2018 MS/PN/SAR-1/29.10.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/