The Court dismissed the petition for anticipatory bail due to the consistent absence of the petitioner's counsel over a prolonged period. The Judge observed no representation on record and did not attempt to grant relief, finding the counsel uninterested.
The petition for anticipatory bail was dismissed without any relief being granted.
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.O.P.No.7844 of 2023
Crl.O.P.No.7844 of 2023
C.V.KARTHIKEYAN , J.
There is no representation on behalf of the petitioner today. The matter was listed earlier on 19.10.2023. Even on that date, there was no representation on behalf of the petitioner. The matter had been pending on the file of this Court from 05.05.2023 onwards. Successively there is no representation on behalf of the petitioner. The Court can safely come to the conclusion that the counsel is not interested in representing the matter.
2.According to the learned Government Advocate (Crl.Side), it is stated that the allegations against the petitioner is that all the accused had received Rs.3.98/- Crores towards commission for arranging a loan of Rs.12/- Crores to the defacto complainant. The amount involved is substantial. Yet another FIR has also been filed against the petitioner in Crime No.66 of 2023.
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Crl.O.P.No.7844 of 2023
C.V.KARTHIKEYAN, J.
sli
3.The reason for the absence of the counsel is quite obvious. In
view of the facts, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
sli
20.11.2023
Crl.O.P.No.7844 of 2023
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3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the absence of counsel due to apparent lack of interest.
Whether the petitioner is eligible for anticipatory bail given the substantial amount involved and pending charges in another FIR.
Whether the non-appearance of counsel and apparent disinterest justify dismissing the Criminal Original Petition.
C.V. KARTHIKEYAN
STATE OF TAMIL NADU
CV KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
