This order dismisses a petition for anticipatory bail under Section 438 Cr.P.C. The court held that the case is not fit for granting bail, given the petitioner was arrested based on a confession and has six other pending cases.
Petition for anticipatory bail dismissed as this is not a fit case.
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.
CRL OP(MD). No.9836 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 23/07/2021
PRESENT
The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP CRL OP(MD). No.9836 of 2021
Muthu Kumar ... Petitioner/
Accused Rank Not Known
Vs
State rep.by Sub Inspector of Police, Sivakasi Town Police Station,
Virudhunagar District.
In Crime No.182/2021 ... Respondent/Complainant
For Petitioner : Mr.M.Jothi Basu, Advocate. For Respondent : Mr.Antony Sahaya Prabahar, Additional Public Prosecutor
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
PRAYER :- For Anticipatory Bail in Crime No.182 of 2021 on the file of Respondent Police
ORDER : The Court made the following order :-
When the case came up for hearing, the learned Additional Public Prosecutor appearing for the respondent vehemently objects to grant anticipatory bail to the petitioner stating that since the name of the petitioner was not found in the FIR, based on the confession given by A5, the petitioner has been arrested. He further submits that there are 6 previous cases pending against the petitioner.
2.Considering the submission of the learned Additional Public Prosecutor, this is not a fit case to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original is dismissed.
sd/-
23/07/2021
/ TRUE COPY /
/ /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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CRL OP(MD). No.9836 of 2021
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.9836 of 2021 Date :23/07/2021 MM
RT/VR/SAR-IV/27.07.2021/2P/3C
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner despite their arrest and pending cases.
Muthu Kumar
State represented by Sub Inspector of Police, Sivakasi Town Police Station, Virudhunagar District
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
