Petitioner sought anticipatory bail under Section 438 Cr.P.C. for a Section 302 IPC case. The Court noted the petitioner had absconded previously after surrender in 2009, was only secured in 2019, and had a history of 36 prior cases. Dismissed the bail petition.
Bail petition under Section 438 Cr.P.C. dismissed; petitioner to participate in trial.
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 : 09.12.2020
CORAM
THE HONOURABLE MR. JUSTIC E C.V.KARTHIKEYAN
Crl.O.P.No.17743 of 2020
Ramki
...Petitioner/Accused
Vs.
State rep. by Inspector of Police, Tambaram Police Station, (Crime No. 609 of 2009)
...Respondent/Complainant
Prayer:Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail pending trial S.C.No. 252 of 2009 on the file of the Additional District Judge, Chengalpattu.
For Petitioner : Mr. A. Nirmal Kumar For Respondent : M/s. Saradha Devi Government Advocate (Crl. Side)
ORDER
(This case has been heard through video conference)
The petitioner, who was arrested by the respondent police on 10.06.2019 for the alleged offence punishable under Section 302 IPC and remanded to judicial custody, seeks bail.
end. At this stage, it would not be appropriate to grant bail. Hence, this Criminal Original Petition is dismissed.
Sd/-
Assistant Registrar(CS-VII)
// True Copy//
Sub Assistant Registrar
vsg
To
Crl.O.P.No.17743 of 2020
AJS(CO) KKV/11/12/2020
2 issues framed by the court
Whether to enlarge the petitioner on bail pending trial under Section 438 Cr.P.C. given his history of non-compliance.
Whether the petitioner's absconding and the bail conditions were adhered to necessitate granting bail.
1 provisions across 1 enactments
Ramki
State rep. by Inspector of Police, Tambaram Police Station
E C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
