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2015 Supreme(Mad) 77

C.T.SELVAM
Manimuthu – Appellant
Versus
Inspector of Police, Vattathikottai Police Station – Respondent


Advocates Appeared:
For the Petitioner:S. Chellapandian, Advocate.
For the Respondents:R1, K. Anbarasan, Government Advocate (Crl. Side).

Judgment :-

1. Learned counsel for the petitioner seeks permission of this Court to withdraw this Criminal Original Petition. He has also made an endorsement to that effect.

2. In view of the same, this Criminal Original Petition is dismissed as withdrawn. However, the respondent police is to take note of the position that arrest of accused is not to be resorted to as a matter of course. Again in the event of accused persons being produced before them, the jurisdictional Magistrate is required not to effect remand in a mechanical manner. The clear dictum of the Honourable Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in (2014) 3 MLJ (Crl) (SC), is to be followed both by the respondent police as also the concerned jurisdictional Magistrate. For ready reference, the judgment referred to is reproduced hereunder:

"1. The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 (herein after called as IPC) and Section 4 of the Dowry Prohibition Act, 1961. The maximum sentence provided under Section 498- A IPC is imprisonment for a term which may extend to three years and fine whereas the maximum sentence provided under Section 4 of













































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