Ajaykumar @ Appu v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 07.01.2023 for the alleged offence under Sections 147, 148, 341, 294(b), 324, 302 and 506(2) of I.P.C. in Crime No.8 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 06.01.2023 around 11.00 p.m. when the defacto complainant and her husband were on the way back from Vyasarapadi, this petitioner along with other accused intercepted them and attacked her husband with knife. When she tried to save him, they criminally intimidated them and also abused them. In the said occurrence, her husband sustained serious injuries and subsequently, he succumbed to injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that he is an innocent person and there is no specific overtact against the petitioner and he is not at all present in the scene of occurrence. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the offence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 07.01.2023. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 8 accused involved in this case and this petitioner is arrayed as A3. He would submit that due to previous enmity, the petitioner along with other accused intercepted the defacto complainant and her husband and attacked her husband with knife, thereby he sustained injuries and died. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner, due to previous enmity, the petitioner along with other accused attacked husband of defacto complainant, due to which, he succumbed to injuries, so a detailed investigation is required and also the fact that if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

08.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 08.02.2023