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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
Y.babu – Appellant
Versus
Inspector Of Police, Sulur Police Station – Respondent
ORDER :
Introduction to the Reference:
1. This bench is called upon to answer the following reference made by the learned Single Judge of the High Court of Madras in an order dated 21.02.2025 in Crl. O.P. No. 31787 of 2024:
“Whether the clarification issued by the Hon’ble Supreme Court in Shekhar Prasad Mahto @ Shekhar Kushwaha vs. The Registrar General, Jharkhand High Court [W.P. (Crl). No.55 of 2025 decided on 07.02.2025], is only with regard to the listing of the applications filed by the accused in the same FIR or is also with regard to the listing of successive bail applications of an accused before the roster Judge, even if the Judge who dealt with the earlier application for bail/anticipatory bail is available?”
Background of the Context:
2. Reference has been made on account of line of Judgments of the Hon'ble Supreme Court of India and the observations made by the Apex Court, and it necessitates this Court to consider the reference in order to avoid inconsistency in dealing with bail/anticipatory bail petitions. Different High Courts are following distinct procedures for listing of bail/anticipatory bail petitions. Therefore, certain procedures being adopted by the one High Cou
The Supreme Court clarified that all bail applications arising from the same FIR must be listed before the same Judge to ensure consistency and avoid conflicting decisions.
Anticipatory bail and regular bail applications are distinct types, requiring different procedures for posting and consideration in relation to the same crime.
Bail application – If in a particular High Court, bail applications are assigned to different single Judge/Bench, in that event, all applications arising out of same FIR should be placed before one J....
All bail applications arising from the same FIR must be assigned to one judge to ensure consistency in judicial decisions.
The principle of parity in bail applications mandates that co-accused in similar circumstances should be treated alike, ensuring consistency in judicial decisions.
Judicial discipline mandates that subsequent bail applications following a withdrawal should be presented to the same judge to ensure consistency and prevent potential abuse of judicial processes.
Judicial consistency dictates similar treatment in bail applications, particularly for co-accused with analogous claims, based on prior decisions.
(1) Disposal of bail applications – Constitutional Courts can lay down principles governing grant of bail or anticipatory bail – However, Constitutional Courts cannot interfere with discretion of our....
The court emphasized the constitutional right to timely bail hearings, mandating that bail applications be resolved within two weeks, aligning with the principles of justice and the presumption of in....
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