Criminal Original Petition challenging an order denying anticipatory bail under Section 438 Cr.P.C. The petitioners, already arrested and remanded for alleged murder, sought bail citing prior grants to a relative and change of circumstances. The Court found no material change in circumstances.
None; petition for anticipatory bail dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Ninth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.20991 of 2021
1 VINAYAGAM [ PETITIONERS / ACCUSED ] 2 TAMIZH DIRAVIDAN @ BALAJI
Vs
STATE REP BY THE INSPECTOR OF POLICE, K-4, ANNA NAGAR POLICE STATION, CHENNAI. (CRIME NO.615/2021)
[ RESPONDENT ]
For Petitioner : M/S M.RAVIKUMAR Advocate
For Respondent : MR.S.SUGENDRAN, GOVERNMENT ADVOCATE [CRL. SIDE]
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The first petitioner was arrested and remanded to judicial custody on 19.08.2021 and the second petitioner arrested and remanded to judicial custody on 20.08.2021 for the alleged offences punishable under Sections 147, 148, 302, 341 IPC @ 120B, 147, 148, 302, 341 IPC, in Crime No.615 of 2021, on the file of the respondent police, seeks bail.
3.The learned counsel appearing for the petitioner submits that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. Earlier occasion, this Court granted bail to the petitioners wife by considering the period of incarceration. However, the petitioners bail was denied on the ground that A13 is still absconding and not secured. Subsequently, all the accused persons are arrested. In view of the change of circumstances, he prays for grant of bail to the https://hcservices.ecourts.gov.in/hcservices/ petitioner.
-sd/-
09/11/2021
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 INSPECTOR OF POLICE, K-4, ANNA NAGAR POLICE STATION, CHENNAI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI-600 066.
CC to M/S M.RAVIKUMAR Advocate on payment of necessary charges
CRL OP.20991/2021
Date :09/11/2021
TA-22/11/2021
3 issues framed by the court
Whether bail should be granted to the petitioners who are already in judicial custody pending a murder trial when the counsel claims no new change of circumstances.
Whether the allegations of absconding by an accessory accused warrant a denial of bail to the petitioners.
Whether the second bail application filed by the petitioners deserves any relief from this Court given the continued custody and heinous nature of the charges.
1 provisions across 1 enactments
VINAYAGAM
TAMIZH DIRAVIDAN @ BALAJI
STATE
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
