Bail application by an accused alleging he poisoned his brother with cyanide mixed in alcohol over a dispute concerning an iron fabrication shop. The post-mortem confirmed cyanide poisoning; noting motive and preparation, the court declined bail and dismissed the petition.
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.1231 of 2024
C.V.KARTHIKEYAN,J.
The petitioner/accused in Crime No.250 of 2023, registered by the respondent police originally for the offence under Section 174 Cr.P.C., and subsequently altered to Section 302 of IPC, seeks bail. The petitioner had been remanded to judicial custody on 14.06.2023.
2.It is stated that the petitioner and the deceased, who is his own brother, had a running dispute with respect to an iron fabrication shop. There was also a civil suit pending between two of them. Taking advantage of the fact that the deceased was addicted to alcohol, it is the case of the prosecution that the petitioner had mixed cyanide poison in the alcohol and given it to the deceased who died.
3.The Post Mortem report also shows that there is cyanide poison and that the deceased had died of cyanide poison. Taking into account the fact that there has been preparation and also motive, at this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
23.01.2024
ata
C.V.KARTHIKEYAN,J.
ata
1/2
Crl.O.P.No.1231 of 2024
23.01.2024
2/2
1 issue framed by the court
Should bail be granted to the accused in a murder case where the deceased died of cyanide poison allegedly mixed in alcohol?
2 provisions across 2 enactments
Petitioner/Accused
Respondent Police
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
