Madras High CourtCRL OP(MD)/4685/2022disposed of

Vigneshwaran v. The Inspector Of Police

2022-03-11Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.4685 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.4685 of 2022 Vigneshwaran : Petitioner/1st Accused Vs State Rep.by The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District.

Cr.No.820 of 2017.

: Respondent/Complainant For Petitioner : Mr.Muniyandi.S, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.820 of 2017 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 392 of IPC, in Cr.No.820 of 2017, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner waylaid the defacto complainant and threatened him with Arval and also snatched some amount from his pocket. Hence, the complaint. 3.The learned counsel for the petitioner would submit that as per the direction of the learned Magistrate, he has deposited a sum of Rs.200/- to the Juvenile Justice Board and filed a petition for surrender and also another petition for recalling of warrant. But the learned Magistrate has returned the petitions, directing the petitioner to rectify some defects pointed out therein.

He would further submit that the learned Magistrate has orally instructed him to approach this Court and to get necessary orders. 4.The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that since the petitioner has not turned up for hearing, NBW was ordered to be issued on 20.09.2021 and he has filed the petition to re-call the warrant. https://hcservices.ecourts.gov.

CRL OP(MD). No.4685 of 2022 5.Considering the above facts and circumstances of the case and also the fact that since NBW is pending, the petitioner has already filed an application under Section 70 (2) of Cr.P.C., before the concerned jurisdictional Court, this Court is not inclined to entertain this petition at this point of time. 6.The petitioner is directed to re-represent the above application filed under Section 70(2) Cr.P.C., after rectifying the defects pointed out therein and the learned Magistrate is directed to pass orders in accordance with law.

7.With the above direction, the Criminal Original Petition is disposed of.

sd/- 11/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Judicial Magistrate No.I, Virudhunagar.

2.Do-Through The Chief Judicial Magistrate, Viruthunagar District at Srivilliputhur.

3.The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4685 of 2022 Date :11/03/2022 RS/PN/SAR.1(17.03.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2