Praveen @ Praveenkumar v. The State Rep.By

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 03.06.2022 for the alleged offence under Sections 147, 148 and 302 of I.P.C. in Crime No.360 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners herein and coaccused persons and victim are friends. While being so, on 02.06.2022 at 23.45 hrs., all the accused persons said to have sought help of deceased victim and took him along with them. Thereafter, at about 01.00 a.m., there was a wordy quarrel between them, thereby, they attacked victim with deadly weapons and knife, thereby he succumbed to injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no specific overtact attributed against the petitioners and they are an innocent

persons and they have not at all committed any offence as alleged by the respondent police. He would submit that they have been falsely implicated by the respondent police and they are no way connected with the occurrence 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 for more than 6 months from 03.06.2022. 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 5 accused involved in this case and the petitioners are arrayed as A2 and A3. He would submit that the petitioners were arrested on 03.06.2022 and a charge sheet was filed in C.C.No.198 of 2022. He would submit that the accused persons have induced the deceased to commit murder of one Senthil, but he refused to do it, due to which, the petitioners along with other accused attacked him with knife and other deadly weapons, thereby he succumbed to injuries. 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, who have planned to murder somebody, for which, the deceased refused to commit the same, due to which they attacked him with knife and deadly weapons, thereby, the alleged occurrence happened and also considering the fact that if they are released on bail, the trial would be stalled and 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.

02.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 02.02.2023