The Madras High Court disposed of a bail petition filed by a petitioner charged with murder (Section 302 IPC). Considering the petitioner's antecedents and pending cases, the court declined to grant bail and dismissed the petition.
Grant of bail to the petitioner was refused; the criminal original petition was dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Fourth day of November Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.29248 of 2019
THIRUTTUKUMAR @ GANESHKUMAR [ PETITIONER / ACCUSED ]
Vs
THE INSPECTOR OF POLICE [ RESPONDENT ] VELANKANNI TOWN POLICE STATION, NAGAPATTINAM DISTRICT. CR.NO.36 OF 2019[PRC NO.29 OF 2019]
For Petitioner : M/S.J.JAWAHAR Advocate
For Respondent : MR.S.THANKIRA Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 21.02.2019, for the offence publishable under Section 302 of IPC in Crime No.36 of 2016 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity with the deceased, the petitioner along with few others joined together brutally attacked the deceased with deadly weapons and done him to death. Hence, the complaint.
3. The learned counsel appearing for the petitioner is innocent person and he is in no way connected with the offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 21.02.2019, and seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that that other than this case, 20 other cases are pending as against this petitioner. He further submitted that final report has been filed in PRC.No.29 of 2019 before the learned Judicial Magistrate No.1, Nagapattinam. Hence, she vehemently opposed for grant of bail to the petitioner.
5. Taking into consideration the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/04/11/2019
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
2 THE SUPERINTENDENT,
CENTRAL PRISON,TRICHY
3 THE INSPECTOR OF POLICE
VELANKANNI TOWN POLICE STATION,
NAGAPATTINAM DISTRICT.
CC to M/S.J.JAWAHAR Advocate on payment of necessary charges
CRL OP.29248/2019
Date :04/11/2019
RD 13/11/2019
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murder under Section 302 IPC given his antecedents.
Whether the petition for bail under Section 439 Cr.P.C. should be allowed.
2 provisions across 2 enactments
Thiruttukumar @ Ganeshkumar
The Inspector of Police
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
