Balasubramani @ Bala v. State Rep.By

Crl.O.P.No.1092 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A6 in P.R.C.No.1 of 2024, now pending before the Judicial Magistrate No.II, Ponneri, seeks bail. Originally, Crime No.896 of 2023, registered by the respondent for the offences under Sections 147, 148, 341, 307 & 302 of IPC (3 counts). The petitioner had been remanded to custody on 03.09.2023.

2.The defacto complainant is the father of one of the deceased. It is stated that owing to previous enmity, the accused had gone over to the house of the deceased and there was a quarrel which escalated into violence and the offence which had been stated had been committed.

3.The learned counsel for the petitioner stated that this petitioner had been categorised as A8. It is stated that there are no direct overt act as against this petitioner.

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4.It is also stated that investigation has been completed and final report has also been filed before the Judicial Magitrate II, Ponneri, as P.R.C.No.1 of 2024.

5.A counter affidavit has been filed on behalf of the respondent detailing the nature of offence. It is stated that two of the deceased had died on the spot and one died on the way to hospital and injuries were also caused to yet another person. The father of the one of the deceased is the defacto complainant. 6.It is the case of the prosecution that due to previous enmity the accused had gathered around and in the house of the deceased, violently attacked the all the three deceased and causing death.

7.So far as this petitioner is concerned, who is categorised as A6 in the final report, it is stated that he caused injury on the fore head of the 1st deceased. 8.Let P.W.1 or other witnesses be examined and thereafter, the application seeking bail can be considered.

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9.The learned counsel for the petitioner sought adjournment but since, when the evidence of P.W.1 in chief and in cross is completed, a fresh application can be filed and may be mentioned before this Court, at this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

10.A direction is given to the learned Judicial Magistrate II, Ponneri, that if records are available, without any delay, to commit the case to the Court of Sessions, which Court of Sessions may endeavour to frame charges and proceed with trial. Since it involves murder of three persons, it is only appropriate that the trial is completed as expeditiously as possible. 30.01.2024 ata 3/4

C.V.KARTHIKEYAN,J.

ata Crl.O.P.No.1092 of 2024 30.01.2024 4/4