The Madras High Court dismissed a petition for anticipatory bail under Section 438 Cr.P.C. after the respondent dropped the criminal action on grounds of mistake of fact, finding no apprehension of arrest.
Petition for anticipatory bail dismissed as there is no apprehension of arrest since the respondent dropped the case.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen
PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM
CRL OP(MD) No.13307 of 2014 RAJA ... PETITIONER / ACCUSED NO.3 MUTHUKRISHNAN ...INTERVENER
Vs THE STATE REP.BY
THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI DIST, CR.NO.39/2014
... RESPONDENT/ COMPLAINANT
For Petitioner : M/S.A.THIRUVADI KUMAR Advocate For Intervener : MR.T.S.R.VENKATRAMANA,Advocate
For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The learned Government Advocate (Crl.Side)submitted that the respondent has dropped the action in this case.
2.Mr.T.S.R.Venkataramana, learned counsel for the intervenor submitted that after the case was dropped as 'Mistake of Fact', notice is sent by the Judicial Magistrate and the enquiry is pending.
3.Hence, there is no apprehension of arrest and this petition is dismissed. However, the learned Judicial Magistrate shall decide the case on merits and in accordance with law without being influenced by the observations made in this order.
sd/-
17/04/2015
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023. TO
1.THE JUDICIAL MAGISTRATE NO.I,THOOTHUKUDI.
2.THE ADDL. PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3.THE INSPECTOR OF POLICE
DISTRICT CRIME BRANCH, THOOTHUKUDI DIST
+1. CC to M/S.A.THIRUVADI KUMAR Advocate SR.No.20294 +1cc to MR.T.S.R.VENKATRAMANA, ADVOCATE IN SR NO. 19806
ORDER IN
CRL OP(MD) No.13307 of 2014 Date :17/04/2015 https://hcservices.ecourts.gov.in/hcservices/ rg.21.04.2015 1p.6c.
2 issues framed by the court
Whether anticipatory bail shall be granted when the prosecution has dropped the action on the ground of mistake of fact.
Whether there is any apprehension of arrest against the petitioner in the present circumstances.
1 provisions across 1 enactments
RAJA
MUTHUKRISHNAN
THE STATE
THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI DIST
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
