In a bail petition under Sections 437 and 439 Cr.P.C. for murder, Justice Ramesh dismissed the application citing the gravity of the offence, the crucial stage of investigation, and the accused's history of evading police.
Criminal Petition dismissed and pending miscellaneous applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.40 of 2022
ORDER:-
This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioners/A3 in connection with Crime No.RC4(S)/2020/CBI/SC.III/ND on the file of Central Bureau of Investigation, CBI, New Delhi-110-003.
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law of the deceased. Basing on the said report, initially crime No.84/2019 was registered under Section 174 Cr.P.C. and subsequently Section of law was altered to 302 of the Indian Penal Code, 1860 (for short ‘IPC’).
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the SOC and in this regard three persons including personal assistant of the deceased were arrested. It is further stated that as per the common order dated 11.03.2020 passed by this Court in W.P.Nos.3944, 3945, 20224, 21410 of 2019 and W.P.No.1639 of 2020, crime No.84 of 2019 CBI started investigation and during the course of investigation, oral and documentary evidence came on record which established the role of petitioner. Though efforts were made to secure presence of the petitioner, he did not cooperate with investigation and remained absconding. It is stated that during the course of investigation, the role of petitioner was revealed in the murder of the deceased and the statement of watchman of the deceased recorded under Section 161 Cr.P.C. and 164 Cr.P.C. disclosed the role of petitioner and petitioner was evading investigation. 6. Petitioner was apprehended by Police, Calangute Police Station, Goa on the ground that there is evidence to establish the role of petitioner and he was produced before learned Judicial Magistrate of First Class, Mapusa, North Goa and vide order dated 02.08.2021 transit remand was granted for a period of two days with a direction to produce him before jurisdictional Court at Pulivendula, Kadapa District on or before 04.08.2021. Learned Judicial Magistrate of First Class, Pulivendula, by order dated 04.08.2021, remanded the petitioner to judicial custody for a period of fourteen days and petitioner’s custody was granted to CBI for a period of 10 days i.e. from 06.08.2021 from 3:00 P.M. to 16.08.2021 till 3:00 P.M. As the investigation is at crucial stage and the petitioner remained absconding, he is not entitled for bail.
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investigation were provided with timely food, snacks and rest room facilities. He submits that petitioner voluntarily gave his specimen signatures and his email was accessed by CBI Police with petitioner’s free consent and there is no threat by CBI Police. He further submits that there is clear evidence against the petitioner and as he was absconding and failed to co-operate, he is not entitled for bail at this stage. He submits that the investigation is at crucial stage and there is every likelihood of petitioner hampering with the investigation and tampering with material evidence. It is submitted that if the petitioner is enlarged, there is every likelihood of threat, he may abscond, influence the witnesses and hamper with the investigation process. Hence, he is not entitled for bail.
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consideration the submission of learned standing counsel for CBI and the previous conduct of the accused in evading to appear before the police, this Court is not inclined to grant bail to the petitioner at this stage.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
_____________________ JUSTICE D.RAMESH
Date: 01.02.2022 RD
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THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.40 of 2022
01.02.2022
RD
3 issues framed by the court
Whether the accused is entitled to regular bail while the investigation is at a crucial stage.
Whether the allegations of torture and procedural violations justify granting bail despite the gravity of the offence.
Whether the accused's previous conduct of evading police appearance warrants rejection of bail.
4 provisions across 2 enactments
Petitioner
CBI
D.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
