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K. MURALI SHANKAR
Ragu Ganesh – Appellant
Versus
State represented by Additional Superintendent of Police, New Delhi – Respondent
JUDGMENT
(Prayer: For Bail in S.C.No.470 of 2020 on the file of the learned I Additional District and Sessions Court, Madurai, in Crime No.RC0502020S008/2020 and Crime No. RC0502020S009/2020 on the file of the respondent police.)
1. The Court made the following order :- This is the 5th bail application filed by the petitioner/A.3, who was arrested and remanded to judicial custody on 01.07.2020 for the offences punishable under Sections 342, 201, 193, 211, 218, 302 and 109 IPC in Crime No.RC0502020S008/2020 and Crime No.RC0502020S009/2020, on the file of the respondent police.
2. It is not in dispute that the petitioner, who was then working as Sub- Inspector of Police in Sathankulam Police Station, registered a case in Crime No.312 of 2020 for the offences punishable under Sections 188, 269, 294(b), 353 and 506(2) IPC, against two persons viz., Jeyaraj and Benniks, who are father and son respectively, that both the persons were arrested and were produced before the learned Judicial Magistrate, Sathankulam and they were remanded to judicial custody and lodged in Sub Jail, Kovilpatti, that both the persons, who fell ill, were admitted in the Government Hospital, Kovilpatti, that the sai
The delay in trial, the seriousness of the offences alleged, and the objections raised by the prosecution and intervenor were key factors in denying bail to the petitioner.
Subsequent bail applications require material change in circumstances; courts cannot review prior orders or appreciate trial evidence at bail stage.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The right to a speedy trial is a constitutional guarantee under Article 21, and undue delays in trial proceedings can justify the granting of bail.
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
(1) Bail Application – In case of delay coupled with incarceration for a long period and depending on nature of allegations, right to bail will have to be read into Section 45 of PMLA and Section 439....
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
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