The Madras High Court dismissed an anticipatory bail petition filed by an accused apprehending arrest under IPC Sections 417, 376, and 506, as the prosecution had already closed the case as a mistake of fact.
Petition dismissed; no bail granted as the case was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Saturday, the Eighteenth day of October Two Thousand Fourteen
PRESENT
The Hon`ble Mr Justice G.CHOCKALINGAM
CRL OP(MD) No.15039 of 2014
V.SOUNDARARAJAN @ SOUNDARA PANDI ... PETITIONER/SOLE ACCUSED
Vs
THE STATE REP BY
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR. CRIME NO. 9 OF 2014 ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S. R. PON KARTHIKEYAN Advocate For Respondent : Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 376 and 506(i) I.P.C in Crime No.9 of 201x4 and hence, seeks anticipatory bail.
2 . It is submitted by the learned Government Advocate (Crl. Side) that after conducting enquiry, the case was referred as mistake of fact and therefore, the same was closed.
3 . In view of the submission of the learned Government Advocate, this petition is dismissed.
sd/-
18/10/2014
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1.THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR. +1. CC to M/S. R. PON KARTHIKEYAN Advocate SR.No.57195 RL/6 C- 27/10/2014 ORDER IN CRL OP(MD) No.15039 of 2014 Date :18/10/2014
1 issue framed by the court
Whether anticipatory bail should be granted when the prosecution case has been closed as a mistake of fact.
4 provisions across 2 enactments
V. SOUNDARAARAJAN @ SOUNDARA PANDI
THE STATE REP BY THE INSPECTOR OF POLICE, VIRUDHUNAGAR
G. CHOCKALINGAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
