The Madurai Bench of Madras High Court dismissed a petition for anticipatory bail under Section 438 Cr.P.C. solely because the petitioner failed to appear for hearing on two listed dates, despite the matter being explicitly listed for dismissal in prior orders.
Petition for anticipatory bail in Crime No. 109 of 2019 dismissed for non-prosecution.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 29/06/2021
PRESENT
The Hon`ble Mr.Justice G.CHANDRASEKHARAN
CRL OP(MD). No.7728 of 2021
Alagarsamy ... Petitioners/Accused - 1
Vs
State rep by The Inspector of Police, Ayakudi Police Station, Dindigul District. (Crime No.109/2019). ... Respondent/Complainant
For Petitioner : No Appearance For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory bail in Crime No. 109 of 2019 on the file of the respondent police
ORDER : The Court made the following order :-
When the petition was taken up for hearing on 14.06.2021 and 22.06.2021, there was no representation on behalf of the petitioner. Hence, the matter was directed to be listed under the caption " for dismissal" on 29.06.2021. Therefore, the petition is listed today under the caption " for dismissal". Today also, there is no representation on behalf of the petitioner. Hence, this Criminal Original Petition is dismissed for non-prosecution.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
ORDER
IN CRL OP(MD) No.7728 of 2021 Date : 29/06/2021
VB/MNR/SAR.V/02.07.2021/2P/3C
2 issues framed by the court
Whether an anticipatory bail petition should be dismissed for non-prosecution when the petitioner fails to appear.
Whether the court can dismiss a bail petition listed under 'for dismissal' due to the petitioner's absence.
1 provisions across 1 enactments
Alagarsamy
State
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
