In an application for bail in a kidnapping and theft case, the High Court considered the gravity of offences including abduction and theft of silver, noting that investigation remained incomplete and there was a risk of witness tampering despite the petitioner's claim of being a mediator; accordingly, bail was refused and the petition dismissed.
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T.V.THAMILSELVI,J.
Crl.O.P.No.861 of 2023
Crl.O.P.No. 861 of 2023
The petitioner, who was arrested and remanded to judicial custody
on 25.10.2022 for the alleged offences punishable under Sections 341, 363, 392 of IPC @ 120(B), 341, 363, 395 of IPC, in Crime No.613 of 2022 on file of the respondent police, seeks bail.
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Crl.O.P.No. 861 of 2023
Crl.O.P.No.31254 of 2022 vide order dated 19.12.2022. He further submitted that the petitioner was only a mediator to purchase silver block and apart from that he is no way connected with the alleged incident. He further stated that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
respondent police submitted that the petitioner is arrayed as A3 and this is his second bail application. He also stated that since the investigation is not yet completed, if the bail is granted to the petitioner, he would tamper the witnesses, therefore, he vehemently opposed to grant bail to the petitioner.
Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.
and the submissions made by the learned Government Advocate (Crl.Side)
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Crl.O.P.No. 861 of 2023
and taking note of the fact that the investigation is not yet completed and also considering the gravity and nature of the offence committed by the petitioner, this Court finds that this case needs detailed investigation. Therefore, this Court is not inclined to grant bail to the petitioner.
12.01.2023
ham
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Crl.O.P.No. 861 of 2023
T.V.THAMILSELVI,J.
ham
Crl.O.P.No.861 of 2023
12.01.2023
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3 issues framed by the court
Whether bail should be granted to the petitioner, who was remanded in judicial custody for mischievous trespass, kidnapping and theft, in the second bail application.
Whether the completion of investigation and gravity of charges warrant refusal of bail.
Whether the petitioner was only a mediator and not directly connected with the alleged incident warrants bail.
The Petitioner
The Respondent Police
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
