Balamurugan v. The Inspector Of Police

CRL OP(MD). No.13868 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13868 of 2022 Balamurugan ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, District Crime Branch, Madurai District (Crime No.18 of 2018) ... Respondent/Complainant For Petitioner : Mr.S.A.Ajmalkhan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.18 of 2018 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Section 420 IPC in Crime No.18 of 2018 on the file of the respondent police. 2.It is very unfortunate ground that the condition that was granted in the earlier anticipatory bail application to the petitioner in Crl.O.P.(MD) No.15382 of 2018 was not complied with. So, he filed an application seeking extension of time on the ground that he was not in a position to arrange sureties in Crl.M.P.(MD) No.5199 of 2018. That was also allowed as a last chance. Not stopping with that, he filed another anticipatory bail application before this Court in Crl.O.P.(MD) No.10007 of 2019 stating that he was not in a position to comply with the aforesaid order in time. Noting the conduct of the petitioner, the aforesaid petition was dismissed on 16.07.2019.

3.Now, after a lapse of 3 years, this anticipatory bail application was filed stating the very same reason that it is purely https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13868 of 2022 a money transaction between the parties. So, the attitude of the petitioner cannot be encouraged. It is a clear case of abuse of process of the Court. Such attitude of the petitioner that coming to the Court, getting an order, non compliance and again coming to the Court seeking anticipatory bail cannot be appreciated. 4.This Criminal Original Petition deserves to be dismissed and accordingly, dismissed.

sd/- 01/08/2022 / TRUE COPY / /08/2022 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.

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

ORDER

IN CRL OP(MD) No.13868 of 2022 Date :01/08/2022 MM MK/VR/SAR.IV/16.08.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2