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Judgment
6 paragraphs · 213 wordsK.Natarajan, J
This petition is filed by the petitioner/accused under Section 438 of Cr.P.C., for granting anticipatory bail in respect of Crime No.119/2020 registered by Kengeri Police Station now pending in C.C.No.20525/ 2021 on the file of LXXI Addl. City Civil and Sessions Judge, Bangalore for the offences punishable under Sections 354D, 504, 506 of IPC.
The learned HCGP has opposed the bail petition on the ground of maintainability that the petitioner was arrested by the police and released on bail and in the charge sheet, it is stated that the petitioner is on bail.
Having considered the fact that the petitioner is already arrested and released on bail, once the bail was granted by the police after his arrest, the question of once against arresting the petitioner by the same police does not arise and the question of granting anticipatory bail also does not arise. If at all any summons is issued by the trial court, the petitioner shall appear before the trial court and file a formal application under Section 437 of Cr.P.C. for granting regular bail
Therefore, the question of granting anticipatory bail does not arise, since the petitioner is already arrested and released on bail by the police.
Accordingly, the petition is dismissed as not maintainable.