M.Gagan Bothra v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.07.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.17153 of 2018 M.Gagan Bothra ... Petitioner Vs.
State by The Inspector of Police [L&O], C-2 Elephand Gate Police Station, Walltax Road, Chennai-79.
... Respondent Criminal Original Petition filed under Section 482 Cr.P.C., seeking direction to the respondent to secure the custody of the accused pertaining to Crime No.272 of 2018. For Petitioner : Mr.M.Gagan Bothra, Party-in-person For Respondent : Mr.C.Raghavan, GA
O R D E R
This Criminal Original Petition has been filed seeking direction to the respondent to secure the custody of the accused in Crime No.272 of 2018.
2.Heard the petitioner/party-in-person and the learned Government Advocate appearing for the respondent and perused the materials placed on record.
3.It is the case of the petitioner that the accused was granted anticipatory bail in Crl.O.P.No.13651 of 2018 on 23.05.2018, on condition that the accused should surrender before the VII Metropolitan Magistrate, George Town, Chennai, within 15 days. It is the assertion of the petitioner that the accused did not surrender before the learned Magistrate within 15 days and therefore, the anticipatory bail that was granted to the accused has lapsed and the accused should be arrested. 4.The Supreme Court in M.C.Abraham Vs State of Maharashtra reported in 2003[2] SCC 649, has clearly stated that even if the anticipatory bail application is dismissed, it does not mean that the Police should have arrest the accused. To arrest or https://hcservices.ecourts.gov.in/hcservices/
not to arrest is a decision that has to be taken by the Police as held by the Supreme Court in Joginder Kumar's case. Hence, this petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police [L&O], C-2 Elephand Gate Police Station, Walltax Road, Chennai-79.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Gagan Bothra, Advocate sr.no.43332 Crl.O.P.No.17153 of 2018 nr 18/07/2018 https://hcservices.ecourts.gov.in/hcservices/