Rajammal v. the Inspector of Police
Case brief
What is this about?
In a bail application under Section 438 CrPC, the Court denied anticipatory bail because the petitioner had a pending non-bailable warrant and failed to seek its recall from the trial court first. The petition was closed with a direction to surrender.
What did the court decide?
Criminal Original Petition closed; direction to surrender within two weeks and file petition to recall NBW.
What the court decided
A compact analysis
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 : 03.03.2021
CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN
Crl.O.P.No.4155 of 2021
Rajammal
Vs.
The State Rep. by its The Inspector of Police, Vandavasi South Police Station, Vandavasi.
(Crime No.817 of 2010) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest in Crime No.817 of 2020 on the file of respondent police.
For Petitioner : Mr.B.Jawahar
For Respondent : Mr.S.Karthikeyan, APP O R D E R (The case has been heard through video conference)
Issues for consideration
2 issues framed by the court
Whether a person facing a non-bailable warrant can seek anticipatory bail before recalling such warrant.
Whether the petitioner has approached the trial court to recall the pending non-bailable warrant.
Parties & counsel
- petitioner
Rajammal
- respondent
The State Rep. by its The Inspector of Police, Vandavasi South Police Station
Coram
V.Bhathidasan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court