EKAMBARAM Vs. T. GURUMOORTHY, INSPECTOR OF POLICE, D

JUDGEMENT

(1.) This Contempt Petition has been filed by the petitioner/de-fact complainant/intervenor, alleging fraud played upon this Court by getting anticipatory bail in Crl.O.P. No. 19626 of 2015, dated 19.08.2015 to the second respondent/accused - D. Muthu @ Nelson Muthu.

(2.) Admittedly, there is suppression of fact with regard to the pendency of the earlier anticipatory bail petition by the accused. On account of the erroneous and wrong statement made by the accused, the counsels are also made as respondents to the contempt proceedings Suo Motu by this Court. On going through the papers, it is found that there is suppression of fact by the accused D. Muthu @ Nelson Muthu, for which the other respondents cannot be blamed. Though the said accused has attempted to take the Court for ride, for which, serious punishment could be imposed in the Contempt Petition, taking note of the judgments of the Apex Court reported in Dhananjay Sharma Vs. State of Haryana AIR 1995 SC 1795 : (1995) 3 SCC 757 : LNIND 1995 SC 612 : (1995) 1 MLJ(Crl)641 and Murray and Co. Vs. Ashok KR. Newatia AIR 2000 SC 833 : (2000) 2 SCC 367 : LNIND 2000 SC 2383 and a decision of a Division Bench of this Court reported in Seetharami Reddi Vs. Joseph Vilangadhan 1995 (2) LW 556 : LNIND 1995 MAD 328 : (1995) 2 MLJ 463, it has to be held that for making false statements, if found later, the Contempt Petition is maintainable.

(3.) The petitioner in the Contempt Petition also submitted that the accused has assaulted the victim and the victim was in the hospital/lCU for more than two months and the victim is now no more.