AI Overview...
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Entitlement to Bail Despite Out-of-State Residency - The Supreme Court and various courts have emphasized that an accused residing out of the state can still be entitled to bail, provided certain conditions are met, such as the absence of misuse of liberty or potential threats to public safety. The decision hinges on the activities of the accused post-arrest, the nature of the offence, and the risk of absconding or tampering with evidence State VS E. Veeramani - Crimes.
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Legal Provisions and Principles - Under Section 167(2) of the Cr.P.C., an accused can be released on bail if the investigation is not completed within the stipulated period, regardless of their residence outside the state. Courts also consider whether the accused's actions suggest misuse of liberty or potential to terrorize persons, which can justify denial of bail State VS E. Veeramani - Crimes.
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Conditions for Bail and Factors Influencing Court Decisions - Courts assess factors such as the seriousness of the offence, the accused's conduct, likelihood of absconding, and whether the accused has a nexus with official duties or activities. For instance, if an act is connected to official duty, protection under Section 197 Cr.P.C. may be invoked, influencing bail considerations In Re : Ramachandran, Accused VS . - Madras.
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Parity, Equity, and Case-Specific Circumstances - Parity alone is not sufficient for granting bail; each case is judged on its merits, facts, and circumstances. Courts reject claims of parity if the case facts differ significantly from co-accused or other cases, emphasizing individual assessment Manas Ranjan Mohanty VS State of Orissa (Vig. ) - Orissa.
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Special Laws and Court Discretion - In cases involving special laws, such as narcotics or anti-terrorism statutes, courts exercise discretion based on the nature of offences, risk of absconding, and public interest. For example, in narcotics cases, bail may be granted if the petitioner demonstrates strong grounds, but courts remain cautious 2023 Yogesh ... Petitioner/Sole Accused Vs The State Rep.by The Inspector - Madras.
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Impact of Residency on Bail Rights - Residency outside the state does not automatically disqualify an accused from bail. Courts focus on whether the accused might misuse liberty or pose a threat, rather than their geographical location alone State VS E. Veeramani - Crimes.
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Summary and Conclusion - Courts generally recognize that residing out of state does not bar an accused from obtaining bail, provided they do not misuse their liberty or pose a threat to justice. The decision depends on the specific facts, conduct, and risk factors associated with each case, with legal provisions guiding the discretion exercised by courts State VS E. Veeramani - Crimes, In Re : Ramachandran, Accused VS . - Madras, Manas Ranjan Mohanty VS State of Orissa (Vig. ) - Orissa, 2023 Yogesh ... Petitioner/Sole Accused Vs The State Rep.by The Inspector - Madras.
Search Results for "Though Accused is Residing out of State is Entitled for Bail"
• India - Crimes
THANGAMANI
Though in A.I.R. 1993 S.C. 1 (supra) the Supreme Court indicated seven grounds mostly based upon the activities of an accused after ... Though the present respondent was ordered to be released under Section 167 (2) Cr. ... establish the misuse of the liberty enjoyed by the respondent and his potentiality to indulge in terrorising persons even while residing ... P.C., introduced in 1973, is to entitle an accused person to be released on bail if the investigating agency....
• India - Crimes
BALA KRISHNA NARAYANA
accurse to accused but to be availed before charge-sheet is filed—Petitioner was arrested on 27.7.2010 in murder case—Bail application ... case, even if the concerned Magistrate fails to pass any order on the bail application of the accused and keeps the same pending ... the stipulated period in that case the indefeasible right accruing to an accused shall stand extinguished and his bail application ... In other words, on expiry of the period specified in paragraph (a) of proviso to su....
1979 0 Supreme(Mad) 231 • India - Madras
MAHESWARAN
Fact of the Case: The President of a Village Panchayat was accused of removing an encroachment by demolishing the house ... But I must point out that act complained of must have some nexus with the duty so as to give rise to a reasonable conclusion that it was done by the accused the performance of his official duty in the accused will be entitled to the protection of S. 197, Cr.P.C. ... The learned Magistrate found that the first accused-President has sought the the eviction of the complaint #HL_STAR....
2015 0 Supreme(Ori) 586 • India - Orissa
S.K.SAHOO
PARITY AND EQUITY- Parity cannot be a sole ground for granting bail - A Judge is not bound to grant bail to an accused on the ground ... power of the Court cannot be fettered to act against conscience - The case of the petitioner is not identically similar to the co-accused ... persons on facts and circumstances - The claim of parity and equity for granting bail is rejected. ... entitled to raise iron ore because of the deeming fiction contained in sub-rule (6) of Rule 24A of 1960 Rule....
1996 1 Supreme 766 • India - Supreme Court
S.B.MAJMUDAR, A.S.ANAND
his wife by burning with kerosene due to strained relations-Incident witnessed by PW11 and his grandson PW12-They saw by peeping through ... The appellant is entitled to the benefit of the doubt. The conviction of the appellant under the circumstances cannot be sustained. We, accordingl, accept this appeal and set aside the conviction and sentence of the appellant. The appellant is on bail. His bail bonds shall stand discharged. ... The trial court convicted all the three accused for offences under Sec....
• India - Madras High Court
Honourable Mr Justice A.D.JAGADISH CHANDIRA
Finding of the Court: The court found that the petitioner was entitled to bail considering the facts and submissions ... State of Kerala. ... BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 8(C) R/W 20(B)(II)(B) - [PETITIONER GRANTED BAIL SUBJECT ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Mannargudi Town Police Station, Tiruvarur District (Crime No.489 of 2022). ... State#HL_E....
2015 0 Supreme(Guj) 1072 • India - Gujarat
J.B.PARDIWALA
is a general law—Special law prevails over general law—Impounding of Passport cannot be done by Court under Section 104, Cr.P.C. though ... preparation of fake bills of entries for outward remittance—Court concerned is empowered to issue summons for attendance of the accused ... in a summons case or in a warrant case---Even in a warrant case, it is within discretion of Court to issue summons for causing accused ... It cannot mechanically, and in every case where an accused has a passport impose a condition for its surren....
• India - Crimes
S.D.PANDIT, P.K.BAHRI
house on the day of his death but it has come in evidence that besides her, her mother and other members of her family were also residing ... relations with appellant II and they hatched a plan to kill deceased not proved - Absence of motive Reasonable doubt regarding guilt of accused ... We, therefore, hold that there is reasonable doubt regarding the guilt of the accused and we have no hesitation in giving the benefit ... Though during the trial it was claimed by the prosecution that a rope was seized but at the time o....
2021 0 Supreme(Mad) 1352 • India - Madras
M.DHANDAPANI
arrest of A-6 to A-8 - Court is concerned about A-8, who, according to the prosecution was arrested - Case of prosecution that though ... abusing the victims – Disappear of evidence - Whether any offence appears to have been committed and, if so, by whom - Whether the accused ... forwarded in custody under section 170 - Pollachi Town Police Station, leading to the arrest of A-1 to A-4 and was arrested and accused ... Once an accused is arrested, the accused is entitled to default #HL_S....
2018 0 Supreme(Ker) 489 • India - Kerala
RAJA VIJAYARAGHAVAN V.
Final Decision: The court dismissed the application for bail, concluding that the applicant was not entitled to be released ... The court also referred to previous judgments to support its decision to deny bail to the accused. ... accusation, the danger of the accused absconding, and the larger interest of the public or the State, as well as previous judgments ... The accused Nos. 2 to 4 had aided the accused to flee from the State....
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