Bail application dismissed in murder case arising from land dispute. Court held gravity of offence and risk of witness tampering by accused in custody bar release, despite lack of specific overt acts against petitioners individually.
Bail application dismissed; petitioners denied bail and remain 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. 2680 of 2023
Crl.O.P.No. 2680 of 2023
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 13.12.2022 for the alleged offence under Sections 147, 148, 341, 302 of I.P.C. r/w Sec.109 of I.P.C. in Crime No.194 of 2022 on the file of the respondent police, seek bail.
Page 1 of 4
Crl.O.P.No. 2680 of 2023
Crl.O.P.No. 2680 of 2023
bail to the petitioners.
submissions made by both counsel and also considering gravity of offence committed by the petitioners, due to a land dispute, they have scolded husband of defacto complainant and also stabbed him, thereby the alleged occurrence happened and also considering the fact that if they are released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
03.02.2023
rpp
Page 3 of 4
Crl.O.P.No. 2680 of 2023
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 2680 of 2023
03.02.2023
Page 4 of 4
3 issues framed by the court
Whether bail should be granted to petitioners accused of murder in a land dispute where prosecution claims tampering of witnesses is possible.
Whether the gravity of the offence and incomplete investigation preclude bail under Sections 302 and 144 IPC.
Whether the fact that petitioners are brothers of co-accused justifies denying bail when no specific overt act is attributed to them.
T.V.THAMILSELVI
T.V.THAMILSELVI
The State of Tamil Nadu
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
