Aravinth v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.12.2022 for the alleged offence under Sections 147, 148, 302, 149, 120(B), 342, 427, 294(b), 506(ii) of I.P.C. in Crime No.542 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 25.12.2022 the petitioners along with other accused waylaid deceased viz., Dhinesh vehicle and scolded him in filthy language and also attacked him with wooden log and billhook, thereby the deceased sustained head injuries and subsequently, he succumbed to injuries. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that there is no specific overtact attributed against the petitioner and he is an innocent person and he has not at all committed any offence as alleged by the

respondent police. He would submit that he is no way connected with the occurrence and he 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 petitioner has been suffering incarceration from 27.12.2022. 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 the petitioner is arrayed as A1. He would submit that due to previous enmity, the petitioner along with other accused attacked deceased, thereby he succumbed to injuries. He would submit that there are 16 previous cases pending against him, out of which four cases under Sec.307 of I.P.C. and one case under Sec.302 of I.P.C. pending against him and he is the prime accused in committing the offence. He would submit that all the accused are arrested and they are in judicial custody. He would submit that if he is released on bail, he would 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 also considering gravity of offence committed by the petitioner, due to previous enmity, he and other accused attacked the deceased, who was travelling in a car, thereby he succumbed to injuries and he is the prime accused in committing the offence and also the fact that there are 16 previous cases pending against him, out of which four cases under Sec.307 of I.P.C. and one case under Sec.302 of I.P.C. pending against him and 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.

06.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 06.02.2023