The High Court rejected a bail petition filed by a petitioner involved in a jumped bail case. The court refused release due to pending grave offences including murder, history of absconding, and potential risk to investigation and witnesses.
Bail application dismissed; petitioner kept in judicial custody.
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.
Crl.O.P.No. 2501 of 2023
Crl.O.P.No. 2501 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 08.12.2022 for the alleged offence under Sections 147, 148, 449, 506(ii), 302, 149, 109, 120(B), 436 of I.P.C. r/w 4 of TNPPDL Act r/w 3, 4(A), 4(B), 6 of Explosive Substances Act in Crime No.94 of 2020 on the file of the respondent police, pending trial in P.R.C.No. 84 of 2020 on the file of learned Judicial Magistrate No.1, Villupuram, seeks bail.
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Crl.O.P.No. 2501 of 2023
petitioner has been suffering incarceration from 08.12.2022. He would further submit that the petitioner is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.
stating that there are 8 previous cases including 2 cases under Sec.302 of I.P.C. and 2 cases under Sec.307 of I.P.C. pending against him. He would submit that when he did not appear before the trial Court, non bailable warrant was issued against him and he was arrested on 08.12.2022. He would also submit that in one case, trial is commenced and one case is at committal stage. He would also submit that he has not challenged the nonbailable warrant issued by the trial court and earlier he was arrested in the year of 2020 and he absconded for more than 2 years from the year of 2020, he is not cooperating for trial and after securing him only, the trial is in progress. Hence, if he is released on bail, he may abscond and the trial would be stalled.
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Crl.O.P.No. 2501 of 2023
21.02.2023
rpp
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Crl.O.P.No. 2501 of 2023
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 2501 of 2023
21.02.2023
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2 issues framed by the court
Whether bail should be granted to the petitioner who is accused of jumped bail with pending serious cases and history of absconding.
Whether the risk of tampering with witnesses and hampering investigation justifies rejecting the bail application.
2 provisions across 2 enactments
T.V.THAMILSELVI
State
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
