The Madurai bench of the Madras High Court dismissed an anticipatory bail petition for offences under section 306 IPC as infructuous because the subsequent inquiry action under the FIR had been dropped and the case was no longer active.
Petition dismissed as infructuous with liberty to approach the court if necessity arises in the future.
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.1104 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1104 of 2022 Kannan ... Petitioner/Accused No.2 Vs
1.The State rep.by, The Inspector of Police, Palayamkottai, Tirunelveli City District (Crime No. 43 of 2022).
...Respondent/Complainant
...2nd Respondent/ Defacto Complainant
For Petitioner : M/s.Anto Prince.G., Advocate.
For Respondent : Mr.B.Thanga Aravindh,
Government Advocate (Crl.Side)
PRAYER :-
For Anticipatory Bail in Crime No. 43 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 306 IPC, in Crime No. 43 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The learned Government Advocate (Crl. Side) submits that the based on the enquiry, further action has been dropped and RCS notice has also been served upon the defacto complainant. Hence, the prayer sought for in this petition has become infructuous.
3.Since the action on the FIR was dropped, this criminal original petition is dismissed as infructuous, with liberty to the petitioner to revert his application for anticipatory bail, if any necessity arises in future.
sd/-
07/07/2022
/ TRUE COPY /
/07/2022
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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CRL OP(MD). No.1104 of 2022
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.1104 of 2022 Date :07/07/2022 RK/JM/SAR-I/14.07.2022 : 2P/4C
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1 issue framed by the court
Whether a criminal original petition for anticipatory bail is maintainable when the inquiry leading to the FIR has been dropped.
1 provisions across 1 enactments
Kannan
The State
Mary Victorai Beetrice
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
