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RMT. TEEKAA RAMAN
T. Stalin – Appellant
Versus
State rep. by its The Inspector of Police, Mayiladuthurai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., pleased to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.252 of 2023 on the file of the Inspector of Police, Perambur Police Station, Mayiladuthurai District.)
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 448, 354(B), 294(b), 506(i) of IPC in Crime No.252 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant was living with her father-in-law and mother-in-law. Her husband is working in abroad. On 10.06.2022 at about 9.30PM leaving the front and back entrance open they went for sleep. At about 11.50PM accused entered into the house of the de-facto complainant and tried to grab her leg. At that time, the de-facto complainant shouted and her in-laws came there. The accused had threatened them not to disclose the same to anyone. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely complicated in this case. The entire allegation in the F.I.R was invented only for t
Anticipatory bail applications are maintainable even after issuance of notice under Section 41A Cr.P.C., provided there is apprehension of arrest.
Apprehension of arrest does not completely vanish away on issuance of notice of appearance under Section 41A of Cr.P.C. and Courts cannot evade to entertain application under Section 438 Cr.P.C.
Anticipatory bail denied due to prior criminal cases and recent FIR registration.
Anticipatory bail should not be denied solely based on criminal antecedents or pending cases; the court must focus on evidence specific to the current case to uphold the constitutional right to liber....
The court established the criteria for granting anticipatory bail considering allegations, previous conduct, and existing civil disputes.
The court's decision was based on the consideration that the offences were not punishable with death or imprisonment for life, and the conditions imposed to address the apprehension of absconding or ....
Anticipatory bail may be granted in matrimonial disputes where custodial interrogation is unnecessary.
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