Petitioner sought anticipatory bail for offences under POCSO Act and IPC facing a pending non-bailable warrant. The High Court declined bail directions to appear and recall the warrant on merits.
Anticipatory bail denied; petitioner directed to appear within two weeks and file a petition to recall the non-bailable warrant.
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: 16.02.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
Crl.O.P.No.20540 of 2020
Mariyan @ Mariya Arokyam
...Petitioner
Vs.
State rep. by The Inspector of Police, Arumbaveer Police Station, Perambalur District. (Crime No.116 of 2019) ..Respondent
Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Spl.S.C.No.63 of 2019 on the file of Mahila Court, Perambalur.
For Petitioner : Mr.R. Sankarasubbu
For Respondent : Mr.S.Karthikeyan, Addl. Public Prosecutor O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(i)(6) of POCSO Act and 366 A of I.P.C, in Crime No.116 of 2019, seeks anticipatory bail.
-sd/-
16/02/2021
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 MAHILA COURT,
PERAMBALUR, CHENNAI
2 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE
ARUMBAVOOR POLICE STATION,
PERAMBALUR DISTRICT.
CC to R.SANKARASUBBU Advocate on payment of necessary charges
CRL OP.20540/2020
Date :16/02/2021
RVR 08/03/2021
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who faces a pending non-bailable warrant.
Whether the petitioner should be directed to file a petition to recall the non-bailable warrant before the Chief Metropolitan Magistrate court.
4 provisions across 3 enactments
Mariyan @ Mariya Arokyam
State rep. by The Inspector of Police, Arumbaveer Police Station, Perambalur District
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
