Vikramathitha Boopathi @ Vikaramaditya Boopathi Raja v. The Inspector Of Police
CRL OP(MD). No.12611 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12611 of 2019 Vikramathitha Boopathi @ Vikramaditya Boopathi Raja ... Petitioner/Accused No.2 Vs State, rep.by The Inspector of Police, Vanniyampatti Police Station, Virudhunagar District.
(Crime No.144 of 2017). ... Respondent/Complainant For Petitioner : M/s. Dr. K. Malathi, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.144 of 2017 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 of I.P.C., in Crime No. 144 of 2017 on the file of the respondent police, seeks anticipatory bail.
3.As rightly pointed out by the learned Government Advocate (Crl. side), this Criminal Original Petition is not maintainable. This is because the petitioner had already moved this Court and this Court had granted relief to the petitioner on certain conditions. The petitioner has not complied with those condition and surrendered before the Court below. The petitioner is not having any previous case. The quantity involved is 1⁄2 unit of sand. 4.The learned counsel appearing for the petitioner undertakes that the petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.12611 of 2019 Thousand and Five Hundred only) as non-refundable deposit to the concerned District Mineral Foundation Trust.
5.Recording the undertaking given by the petitioner's counsel, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Srivilliputhur, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 10/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR. 2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT.
3 THE INSPECTOR OF POLICE, VANNIYAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.DR.K.MALATHI, Advocate ( SR-15215[I] dated 10/09/2019 )
ORDER
IN CRL OP(MD) No.12611 of 2019 Date :10/09/2019 sji AE/SKN/SAR-III (16.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2