High Court of Madras dismissed a bail petition for two accused persons charged with murder and other offences. The court denied bail due to the petitioners' history as sheeters and the risk of evidence tampering, directing the trial court to expedite committal proceedings.
Bail denied; Trial court directed to complete committal proceedings as early as possible.
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 )
Friday, the Twenty Fifth day of February Two Thousand Twenty Two
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI
CRIMINAL ORIGINAL PETITION No.3647 of 2022
IN P.R.C.No.25/2021
(On the file of Learned Judicial Magistrate Court-Thiruvarur)
1 KAMALAKANNAN [ PETITIONERS / ACCUSED ] 2 SARAVANAN @ SARAVANAKUMAR
Vs
STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT. CR.NO. 84 OF 2021.
For Petitioner : M/S.P.MUTHAMIZH SELVAKUMAR Advocate
For Respondent : MR.L.BASKARAN,Govt. Advocate (Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners who were arrested and remanded to judicial custody on 15.07.2021 for the offence under sections 294(b), 341, 120(b), read with 302 of Indian Penal Code 1860, in Crime Number 84 of 2021 on the file of the respondent police seek bail.
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO
1 THE JUDICIAL MAGISTRATE, THIRUVARUR
2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY
3 INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges Sr.3029
CRL OP.3647/2022
Date :25/02/2022
RVR 03/03/2022
3 issues framed by the court
Whether bail should be granted to petitioners accused of murder given their antecedents and the risk of tampering with evidence.
Whether the trial court should be directed to expedite committal proceedings while bail is denied.
To determine if the prior cases of petitioners justify denial of bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
1 KAMALAKANNAN
2 SARAVANAN @ SARAVANAKUMAR
STATE REP BY INSPECTOR OF POLICE, VAIPOOR POLICE STATION
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
