The single judge dismissed the criminal original petition for bail against a petitioner with 35 pending cases. Relying on his bad antecedents and the risk of tampering with witnesses, the court refused release despite the petitioner's long detention.
The Criminal Original Petition for bail was dismissed and the petitioner remains in 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. 2817 of 2023
Crl.O.P.No. 2817 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 23.03.2022 for the alleged offence under Sections 341, 294(b), 323, 384, 427, 392, 397, 336 and 506(ii) of I.P.C. in Crime No.104 of 2022 on the file of respondent police, pending trial in S.C.No.310 of 2022 on the file of XXI Addl. Judge, Chennai, seeks bail.
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Crl.O.P.No. 2817 of 2023
Hence, he prayed to grant bail to the petitioner.
would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.
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Crl.O.P.No. 2817 of 2023
considering submissions made by both counsels and also on seeing his bad antecedents, i.e. there are 35 previous cases pending against him, and if he
is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
08.02.2023
rpp
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Crl.O.P.No. 2817 of 2023
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 2817 of 2023
08.02.2023
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3 issues framed by the court
Whether bail should be granted to a petitioner with 35 pending cases who faces allegations of assault and robbery.
Whether the petitioner's bad antecedents make him unfit for release on bail.
Whether the petitioner poses a risk of tampering with witnesses during a nearly completed investigation.
T.V.THAMILSELVI
State of Tamil Nadu
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
