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R.R. Gopal @ Nakkheeran Gopal vs State, Represented By Inspector Of ... on 5 March, 2003

27. The learned Public Prosecutor emphasized that both the cases relate to gruesome murders and the further investigation is in progress and at this stage pre-arrest bail should not be granted to the petitioner. The learned Senior Counsel appearing for the petitioner contended that as per the ratio laid down by the Constitution Bench of the Apex Court in Gurbaksh Singh vs. State of Punjab - , even if a non-bailable offence is alleged to have been committed by a person happens to be an offence of murder, the High Court has the power under Section 438 Cr.P.C. to grant anticipatory bail and further relied on the decision of the Apex Court in Salauddin Abdulsamad Shaikh vs. State of Maharashtra- and a decision of this Court in S. Saravanan @ Saravanaperumal vs. The State - (1995 Crl. L.J. 1999). The power of the High Court or the Sessions Court under Section 438 Cr.P.C. is well defined in various decisions of the Apex Court and in grave offences the Court has to be careful and circumspect in entertaining an application for anticipatory bail.
Madras High Court Cites 18 - Cited by 0 - C Nagappan - Full Document

R.R.Gopal @ Nakkheeran Gopal vs State on 5 March, 2003

27. The learned Public Prosecutor emphasized that both the cases relate to gruesome murders and the further investigation is in progress and at this stage pre-arrest bail should not be granted to the petitioner. The learned Senior Counsel appearing for the petitioner contended that as per the ratio laid down by the Constitution Bench of the Apex Court in Gurbaksh Singh vs. State of Punjab - (AIR 1980 SC 1632), even if a non-bailable offence is alleged to have been committed by a person happens to be an offence of murder, the High Court has the power under Section 438 Cr.P.C. to grant anticipatory bail and further relied on the decision of the Apex Court in Salauddin Abdulsamad Shaikh vs.State of Maharashtra-(AIR 1996 SC 1042) and a decision of this Court in S.Saravanan @ Saravanaperumal vs. The State - (19 95 Crl.L.J. 1999). The power of the High Court or the Sessions Court under Section 438 Cr.P.C. is well defined in various decisions of the Apex Court and in grave offences the Court has to be careful and circumspect in entertaining an application for anticipatory bail.
Madras High Court Cites 17 - Cited by 0 - C Nagappan - Full Document

Jeevan Vyankat Thokal vs State Of Maharashtra on 18 July, 1995

6. Mr. Rizwy then relied on the decision of the Madras High Court in S. Saravanan alias Saravanaperumal v. The State, 1995 Cri. L.J. 1999, to contend that the ratio of this decision will come to the aid of the applicant. It was pointed out by the learned Counsel for the applicant that this case being one which resulted from political rivalry, applying the ratio in that decision, the applicant has to be granted anticipatory bail.
Bombay High Court Cites 15 - Cited by 0 - Full Document
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