G. SELVAKUMAR Vs. THE STATE OF TAMIL NADU AND ORS.
LAWS(SC)-2020-10-58
SUPREME COURT OF INDIA
Decided on October 01,2020

G. SELVAKUMAR Appellant
VERSUS
The State Of Tamil Nadu And Ors. Respondents

JUDGEMENT

- (1.)The petitioner was arrested on 21.12.2019 for offences punishable under Section 406, 420, 294(b), 506(1) and 120B of the Indian Penal Code. The petitioner filed an application for bail which was dismissed on 22.01.2020. When the second bail application was taken up, the petitioner requested for an interim bail by stating that he will settle the dispute relating to payment of money once he is released. By the impugned order, the High Court dismissed the application filed for bail on the ground that the petitioner did not abide by the undertaking given by him to settle the matter and has submitted that he is in no position to make any payment. The High Court refused to even hear the bail application on merits.
(2.)Admittedly, charge-sheet has been filed. The dispute pertains to payment of money by the petitioner to the complainant. We have been taken through the order dated 18.02.2020 which recorded the submission made on behalf of the petitioner that the petitioner would present a definite picture if he is released on bail. In any event, the High Court ought to have heard the bail application on merits and ought not to have dismissed the same on the ground that the petitioner has gone back of the promise made to the High Court on 18.02.2020.
(3.)Taking note of the facts and circumstances of this case, we do not intend to send back the matter to the High Court for fresh consideration.
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