Mohan v. The State Rep.By Its

Crl.O.P.No.533 of 2024 C.V.KARTHIKEYAN,J.

The petitioners are A3 to A5 in Crime No.413 of 2023, originally registered by the respondent police for the offence under Section 174 of Cr.P.C., and later altered to Section 304(2) of IPC and subsequently again altered to Section 302 of IPC, seek bail. The petitioners had been remanded to custody on 02.12.2023.

2.It is the case of the prosecution that the mother of the deceased had given a complaint that the deceased was an alcoholic and had been admitted to a home for de-addiction purposes. The 1st and 2nd accused were running the home. 3.It is stated by the learned counsel for the petitioners that these petitioners/A3 to A5 were inpatients and that there is no direct overt act as against them. It is stated that A1 and A2 alone had tied the hands and legs of the deceased and also put a cloth in his mouth probably to give effective treatment or whatever purpose but there are injuries in the body of the deceased. The Post Mortem report says that quite apart from the injuries in the other regions of the 1/3

body of the deceased there was also a contusion injury in the abdomen region. 4.Taking those factors into consideration and that since final report has not yet been filed and investigation will have to be done as against each one of the accused, at this stage, I am not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed. 11.01.2024 ata C.V.KARTHIKEYAN,J.

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