RAJESH SURI Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Sec. 438 Cr.P.C., seeking grant of anticipatory bail in FIR No. 668/2020 dtd. 31/10/2020 registered at P.S. Moti Nagar under Ss. 376/328 of the Indian Penal Code, 1860 (hereinafter, "IPC").

(2.) The facts, in brief, leading up to this petition are as follows:

(3.) Mr. N. Hariharan, learned Senior Counsel for the Petitioner, has submitted that charge-sheet has been filed without arrest of the petitioner. He further states that proceedings under Sec. 82 Cr.P.C have not been initiated against the petitioner. He states that after charge-sheet was filed, apprehending arrest, at the time of his appearance before the Court, the petitioner filed an application under Sec. 438 Cr.P.C before the Trial Court. He states that the Trial Court has dismissed the application primarily because the petitioner had not joined investigation on time. He states that once charge-sheet was filed and investigation was complete qua the petitioner, the Trial Court could not have dismissed the application of the petitioner for anticipatory bail primarily on the ground that the petitioner had not joined the investigation. His presence could have been ensured after rejecting his application for exemption from appearance or by issuing a bailable warrant.