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G. JAYACHANDRAN
V. Sekar – Appellant
Versus
State (Rep. by its) he Inspector of Police, Thiruvanamalai – Respondent
JUDGMENT
(Prayer: This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge petitioner on bail/accused-6 is arrested on 10.02.2022 by the respondent police in connection with the Crime No.42 of 2022 on the file of the respondent police and pass order.
This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.42 of 2022 pending investigation on the file of the respondent police and pass order.
This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.42 of 2022 pending investigation on the file of the respondent police and pass order.
This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.42 of 2022 pending investigation on the file of the respondent police and pass orders.)
Common Order
1. The petitioner/A6, who were arrested for the offences punishable under Section 120(b), 147, 148, 294 (b), 323, 324, 354, 427, 307, 302 of I.P.C and 3(1) of TNPPDL Act, in Crime No.42 of 2022, on the file of the respondent police, seek bail.
The petitioners/A4 & A5, wh
The main legal point established in the judgment is the consideration of evidence, including the post-mortem report and witness statements, in granting bail for serious offences.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
The main legal point established in the judgment is that the nature of the offence determines the eligibility for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
The court's decision emphasized the importance of considering individual circumstances and imposing appropriate conditions when granting bail in criminal cases.
The court considered the nature of the offence, period of incarceration, and the fact that some co-accused were already granted bail in deciding to grant bail to the appellant.
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
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