The High Court of Madras considered an application for anticipatory bail in a case involving the suicide of a woman. Dismissing the plea, the Court held that since the RDO enquiry report was pending, it was not inclined to grant bail.
The prayer filed for anticipatory bail under Section 438 Cr.P.C. was dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2020
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.13584 of 2020
Prabakaran ... Petitioner
Vs.
The State Rep. By The Inspector of Police Pernampet Police Station, Vellore District. (Crime. No. 613/2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Crime No.613 of 2020 on the file of the respondent police. For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.M.Mohammed Riyaz, Additional Public Prosecutor ORDER (This case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174 (3) of Cr.P.C @ 306 IPC in crime No.613 of 2020 on the file of the respondent police, seeks anticipatory bail.
5 Taking into consideration the facts and circumstances of the case that the RDO enquiry is pending, this Court is not inclined to grant Anticipatory Bail to the petitioner.
Hence, this Criminal Original Petition is dismissed.
-sd/09/09/2020
This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUVALLUR. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, PERNAMPET POLICE STATION, VELLORE DISTRICT.
CC to M/S. G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.13584/2020 Date :09/09/2020 MK:23/09/2020
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. when the RDO enquiry into the death is pending.
Whether the apprehension of arrest in an offence punishable under Section 174(3) Cr.P.C. is sufficient to invoke Section 438 Cr.P.C.
1 provisions across 1 enactments
Prabakaran
The State Rep. By The Inspector of Police
A. D. JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
