The High Court of Judicature at Madras hearing a bail petition dismissed the application. Granting bail was refused due to the gravity of the offence of murder and the fact that the deceased's body remained unrecovered.
Bail petition dismissed; petition not inclined to be granted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Twenty Fourth day of January Two Thousand Twenty Two
PRESENT
The Hon`ble Mrs Justice T.V.THAMILSELVI
CRIMINAL ORIGINAL PETITION No.136 of 2022
RAMADAS [ PETITIONER / ACCUSED ]
Vs
THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ATTUR RURAL POLICE STATION, SALEM DISTRICT (CRIME NO.467/2021)
For Petitioner : M/S.E.KANNADASAN Advocate
For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
(The case has been heard through video conference)
The petitioner who was arrested and remanded to judicial custody on 02.12.2021 for the offences under Sections 147, 148, 302, 201 and 120(B) of IPC, in Crime No.467 of 2021, on the file of the respondent police seeks bail.
4.The learned Additional Public Prosecutor would raise strong objection stating that there are totally 6 accused in this case and the petitioner is arrayed as A3 and that he has got 3 previous cases of like nature. He would further submit due to land dispute between A1 and the deceased, all the accused joined together and committed the murder of the deceased who was aged about 74 years and that the body of the deceased has not been secured yet.
5.On seeing the gravity of offence and that the body of the deceased has not been secured yet, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/-
24/01/2022
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, ATTUR RURAL POLICE STATION, SALEM DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.E.KANNADASAN Advocate on payment of necessary charges
CRL OP.136/2022
Date :24/01/2022
CSK 04/02/2022
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder in a case where the deceased's body has not yet been recovered.
Whether the petitioner, who is one of six accused in a case involving a land dispute, is entitled to bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
RAMADAS
THE STATE
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
