Venkatesh @ Venkatasubramaniam v. State Rep by
Case brief
What is this about?
In a jumped bail scenario where the petitioner kidnapped by absconding for nearly nine years, the court rejected anticipatory bail. The petitioner was directed to surrender and recall the non-bailable warrant first.
What did the court decide?
The petition is closed with a direction to surrender before the trial court and file a petition to recall the non-bailable warrant within two weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.02.2021
CORAM :
THE HON'BLE MR. JUSTICE V. BHARATHIDASAN
Crl.O.P.No.394 of 2021
Venkatesh @ Venkatasubramaniam ... Petitioner
Vs. State Rep. by ... Respondent The Inspector of Police, B-6 Singanallur Police Station Coimbatore District. (Crime No.964 of 2009)
PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in S.C.No.51 of 2012 pending trial before the Principal District Judge, Coimbatore on such terms and conditions.
For Petitioner : Mr.M.N.Balakrishnan
For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
ORDER
(The case has been heard through video conference)
Issues for consideration
3 issues framed by the court
Whether a petitioner can approach the High Court for anticipatory bail without first recalling the non-bailable warrant pending against him.
Whether the delay of nine years in appearing before the trial court warrants anticipatory bail without clearing the pending warrant.
Whether the petitioner is required to surrender before the trial court and recall the warrant as a prerequisite for seeking anticipatory bail.
Parties & counsel
- petitioner
Venkatesh @ Venkatasubramaniam
- respondent
State Rep. by The Inspector of Police, B-6 Singanallur Police Station Coimbatore District
Coram
V. BHARATHIDASAN
Case details
As recorded by the court registry
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