In a criminal original petition under Section 438 Cr.P.C., the petitioner sought anticipatory bail against arrest for Section 341 and 307 IPC offences. The court rejected the petition due to the nature of the offence and the petitioner's recent prior case under Section 307 IPC.
Grant of anticipatory bail prayed for in the petition was denied.
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 :11.11.2020
CORAM
THE HONOURABLE MR. JUSTIC E A.D.JAGADISH CHANDIRA
Crl.O.P.No.17353 of 2020
Rahul
... Petitioner
Vs.
The State represented by The Inspector of Police Saibaba Colony Police Station, Coimbatore District. (Cr. No.1068 of 2020) ... Respondent
Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.1068 of 2020 on the file of Inspector of Police, Saibaba Colony Police Station, Coimbatore District.
For Petitioner : Mr.G.Karthikeyan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R (The case has been heard through video conference)
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341 and 307 of IPC in Crime No.1068 of 2020 on the file of the respondent police, seeks anticipatory bail.
4.The learned Additional Public Prosecutor would submit that due to previous enmity, the petitioner along with other accused, attacked the defacto complainant with knife due to which, he sustained stab injuries in his stomach and because of this incident, one Bijju was murdered as a retaliation . He would further submit that the petitioner has got one previous case which was registered recently for an offence under Section 307 of IPC.
5.Taking into consideration, the nature of of offence and the fact that the petitioner has got one previous case registered very recently in the year 2020, this Court is not inclined to grant anticipatory bail. Accordingly, this Criminal Original Petition stands dismissed.
-sd/11/11/2020 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 INSPECTOR OF POLICE, SAIBABA COLONY POLICE STATION, COIMBATORE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.G.KARTHIKEYAN Advocate on payment of necessary charges SR.No.7574
CRL OP.17353/2020 Date :11/11/2020 cs 20/11/2020
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of Sections 341 and 307 IPC offences given his recent prior case under Section 307 IPC.
1 provisions across 1 enactments
Rahul
The State represented by The Inspector of Police Saibaba Colony Police Station, Coimbatore District.
E A DJAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
