Madras High CourtCRL OP(MD)/19038/2021disposed of

Arunkumar v. The Inspector Of Police

2021-12-10Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19038 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19038 of 2021 Arunkumar ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, District Crime Branch, Karur District.

In Crime No.15 of 2020 ... Respondent/Complainant For Petitioner : M.Vivek Kumar, Advocate.

For Respondent : Mr.SS.Madhavan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.15 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 120(b), 406, 468 and 420 of IPC, in Crime No.15 of 2020, seeks anticipatory bail.

2. This petition is filed for the second time expressing grievance that the earlier order passed by this Court could not be complied, inspite of repeated extension of time, because of the non availability of the defacto complainant. More over, the petitioner was also not in a position to arrange the money.

3. When specific question was put to the petitioner as to how the second anticipatory bail petition is maintainable, the learned counsel for the petitioner would submit that because of efflux of time, the petitioner is not in a position to comply with the order. Question of granting anticipatory bail for the second time is not possible. However, this Court can suo motu modify the relief that has been sought for by the petitioner by exercising power under https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19038 of 2021 Section 482 of the Criminal Procedure Code. Order that has been passed in Crl.OP(MD)No.14094/2020 is modified to the effect that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) before the Judicial Magistrate No.1, Karur to the credit of Crime No.15/2020 within 20 days from the date of receipt of a copy of this order. On such deposit being made, the Magistrate may consider the same as due compliance of the earlier order that has been passed by this Court on 07.12.2020. With the above said modification, this Criminal Original Petition is disposed of. sd/- 10/12/2021 / TRUE COPY / / /2021 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.1, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.M.VIVEK KUMAR, Advocate ( SR-9150[I] dated 13/12/2021 )

ORDER

IN CRL OP(MD) No.19038 of 2021 Date :10/12/2021 mbi MK/PN/SAR.II/16.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2