Allowed

Vilvarajj v. The Inspector of Police

Madras HC10 Jun 2021CRL OP(MD)/7416/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the accused in a case involving offences under the Mines and Minerals Act and the IPC. The bail was subject to conditions including execution of personal bonds and failure to appear permitting the grant of bail by the Trial Court.

What did the court decide?

Petitioner released on bail via personal bonds ₹5,000 with two sureties ₹5,000 upon arrest; to appear before JM within one month upon court resumption.

Vilvarajj Vs The Inspector of Police — Corruption | Madras HC (2021)

¶1

CRL OP(MD). No.7416 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 10/06/2021

¶5

PRESENT

¶6

The Hon'ble Mr.Justice G.R.SWAMINATHAN

¶7

CRL OP(MD) No.7416 of 2021

¶8

Vilvaraj ... Petitioner/Accused No.3 Vs

¶9

The State rep. by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District. Crime No.23 of 2021. ... Respondent/Complainant

¶10

For Petitioner : M/s.Ariyanatchi.V., Advocate. For Respondent : Mr.T.Senthil Kumar, Government Advocate (Criminal Side)

¶11

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C

¶12

PRAYER :-

¶13

For Anticipatory Bail in Crime No.23 of 2021 on the file of the respondent police.

¶14

ORDER : The Court made the following order :-

¶15

Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondent.

¶16

2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 21(1) of Mines and Minerals(Development and Regulation) Act, 1957 r/w.379 of I.P.C., in Crime No.23 of 2021 on the file of the respondent police, seeks anticipatory bail.

¶17

3.The learned Government Advocate(Criminal Side) submitted that the petitioner is having one previous case.

¶18

4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

¶19

https://hcservices.ecourts.gov.in/hcservices/

¶20

1/3

¶21

CRL OP(MD). No.7416 of 2021

¶22

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the learned Judicial Magistrate, Kadaladi, Ramanathapuram District, and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:

¶23

[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity;

¶24

[b]the petitioner shall report before the respondent police as and when required for interrogation;

¶25

[c]the petitioner shall not abscond either during investigation or trial;

¶26

[d]the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶27

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and

¶28

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/-

10/06/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

¶34

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.

¶35

https://hcservices.ecourts.gov.in/hcservices/

¶36

2/3

¶37

CRL OP(MD). No.7416 of 2021

¶38

¶39

THE JUDICIAL MAGISTRATE, KADALADI, RAMANATHAPURAM DISTRICT. 2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3. THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7416 of 2021 Date :10/06/2021 PMU SRS/JC/SAR-I/15.06.2021/3P/5C

¶40

https://hcservices.ecourts.gov.in/hcservices/

¶41

3/3

Vilvarajj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Vilvarajj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muthusamy Vs The inspector of Police

Suresh Vs The Inspector of Police

Manikandan Vs The Inspector of Police

G.Vijayabaskar Vs The Inspector of Police

Prasath @ Prakasam @ Gnanaprakasam Vs The Inspector of Police

Murugesan Vs The Inspector of Police