Madhayan v. The Inspector Of Police
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 16.12.2022 for the alleged offence under Sections 302 of I.P.C. in Crime No.249 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is the wife of deceased person and the marriage between them was solemnised 32 years ago and out of wedlock, they had two sons. Since the deceased addicted and tend to some bad habits, she is residing in her parental home and her sons are residing at their matrimonial home. While being so, on 12.12.2022 at about 12.00 p.m. she was informed that her husband found dead near their cowshed and she went there and found the deceased body of her husband disfigured and cut injuries in his head. Accordingly, she lodged the complaint.
3. The learned counsel for the petitioners submitted that there is no specific overtact attributed against the petitioners and they are innocent persons and they have not at all committed any offence as alleged by the respondent police. He would submit that they are the sole bread winner of their family. He would submit that they are nothing to do with the instant case and they will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration from 16.12.2022. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 4 accused involved in this case and the petitioners are arrayed as A3 and A4. He would submit that father was murdered by A1 and A2 for the reason that their father is having illicit intimacy with another lady and not taking care of their mother. He would submit that their friends also participated in the crime and attacked him. He would submit that if they are released on bail, they would tamper
the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioners.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioners by colluding with his friends murdered deceased, thereby sons of deceased killed his father and it is pre-planned murder and the fact that if they are released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
30.01.2023 rpp
T.V.THAMILSELVI, J.
rpp 30.01.2023