Shanmugam @ Ramesh v. The Inspector Of Police
CRL OP(MD). No.16773 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.10.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.16773 of 2022 Shanmugam @ Ramesh ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Boothapandy Police Station, Kanayakumari District.
(Crime No.184 of 2022) ... Respondent/ Complainant For Petitioner : Mr.S.Selvakumar, Advocate.
For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side).
PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.184 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 195A and 506(2) IPC, in Crime No.184 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is having one previous case in Crime No.296 of 2014 and in that case, charge sheet has been filed and the same was taken on file in C.C.No.26 of 2016 and that on 10.07.2022 at about 09.00 hrs, the petitioner and other accused threatened one witness, namely, Lakshmi. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
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CRL OP(MD). No.16773 of 2022 4.When the matter was taken up for hearing on 30.09.2022, this Considering the submissions made by the learned Government Advocate (Criminal Side) that the respondent Police after completing the investigation has filed the final report on 06.08.2022 before the jurisdictional Court, directed the Registry to call for a report as to whether the charge sheet has been filed and if filed, the stage of the case.
5.In pursuance of the same, the learned District Munsif cum Judicial Magistrate has submitted a report dated 11.10.2022, stating that the case was taken on file in C.C.No.479 of 2022 and summons were ordered to be issued to the accused 1 and 2. 6.Since the learned Magistrate has ordered issuance of summons, the question of granting anticipatory bail does not arise at all. The petitioner is at liberty to appear before the concerned Magistrate and if required, he shall execute a bond as directed by the learned Magistrate.
7.In the result, this Criminal Original Petition is dismissed. sd/- 12/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
das 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 BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SELVAKUMAR, Advocate ( SR-11239[I] dated 12/10/2022 )
ORDER
IN CRL OP(MD) No.16773 of 2022 Date :12/10/2022 PKP/SBN/SAR-2/14.10.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2