The Madurai Bench of Madras High Court dismissed the petition for anticipatory bail under Section 438 Cr.P.C. due to a false averment concerning previous criminal cases against the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Sixth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.4008 of 2018
HAJA MOHIDEEN ... PETITIONER/ACCUSED No.1
Vs
STATE REPRESENTED BY, THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.64 OF 2018. ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.G.KARUPPASAMY PANDIYAN, Advocate
For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU,
Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner is apprehending arrest at the hands of the respondent police for the offences punishable under Sections 420, 506(i) of IPC in Crime No.64 of 2018, on the file of the respondent police.
2.It is mentioned that there are no previous cases registered against the petitioner. But, the learned Government Advocate points out that many previous cases have been registered against the petitioner.
3.Taking note of the false averment made in this application for anticipatory bail, this criminal original petition is dismissed.
sd/-
06/04/2018
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION,
PK/RR-CSL/VK/11.04.2018 : 2P/3C
1 issue framed by the court
Whether a petition for anticipatory bail can be dismissed on the grounds of a false averment regarding previous cases registered against the petitioner.
1 provisions across 1 enactments
Haja Mohideen
State Represented By, the Inspector of Police, Sivagiri Police Station
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
