Bench: S.Vaidyanathan , N.Anand Venkatesh
Crl.A.(MD)No.376 of 2017 - Bail Case
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved ... judis.nic.in
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Crl.A.(MD)No.376 of 2017 - Bail Case
family of the accused and the deceased got collapsed on account
sentence and grant of bail to
the appellant.
The appellant is convicted of offence punishable under
Sections 376 ... present appellant be
released on bail.
Learned counsel appearing on behalf of the State opposes
the bail application.
Keeping in view the aforesaid submission
facing trial under the
provisions of Sections 376(3), 376- AB, 376 - DA or 376 DB of the IPC
dealing with rape of women below ... 376(3), 376-
AB, 376 - DA or 376 DB of the IPC or the provisions of the POCSO Act ,
moves an application for regular bail
2019
& 9
8979/2019
prepared to give bail, the Court is bound to grant bail to a person
accused of a bailable offence ... Talab Haji Hussain v. Madhukar
Purshottam Mandkar : AIR 1958 SC 376). Bail can be refused
to a person accused of a bailable offence only under
therefore, it is submitted that now when charges
under Section 376 are there, anticipatory bail cannot be granted,
therefore, she has requested to cancel ... grounds for cancellation of bail are
available prior to granting anticipatory bail for commission of an
offence under Section 376 of IPC i.e. after
Interim bail on 11.07.2023
bail on
20.12.2023
22
Sachin Vs. State of UP
Criminal Misc. Bail Application No. 17484 of 2024
Sections 302 , 120B ... Interim bail 13.07.2023
Bail on
20.12.2023
27
Bijendra Singh Vs State of UP
Criminal Misc. Bail Application No. 51651 of 2022
Section
long as the
accused is prepared to give bail, the Court is bound
to grant bail to a person accused of a bailable
offence ... Talab Haji Hussain v.
Madhukar Purshottam Mandkar : AIR 1958 SC
376). Bail can be refused to a person accused of a
bailable offence only under
SCIII/ND.
4.4- By order dated 10.02.2014, applicant was granted bail under Sections 302 , 376 r/w 511 I.P.C . by this Court ... opposed the prayer for bail of the applicant by contending that first bail application of the applicant under Section 376
allegation, if any, of commission of offence
punishable under S.376 IPC by the bail petitioner. On 19.7.2019,
victim-prosecutrix alleged that both the bail ... with regard to commission of
offence, if any, under S.376 by the bail petitioner, rather, on
19.9.2019, victim-prosecutrix took a complete U turn
Additional Session Judge rightly granted anticipatory bail. The
reasons adopted by the High Court in cancelling the bail were commented
upon by the learned counsel ... should not be given the
benefit of anticipatory bail. Merely because the charge under Section 376
IPC, which is a serious charge, is now added
