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Madras High CourtCRL OP/3739/2024dismissed

Balu @ Balamurugan v. State Rep.By

2024-02-27Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.3739 of 2024 C.V.KARTHIKEYAN, J.

A1 and A2 in Crime No.14 of 2024 registered under Section 302 and 379 IPC and remanded to custody on 26.01.2024, seek bail. 2.A1 is the servant of A2. A2 is the husband of the deceased. It is the case of the prosecution that owing to various disputes between A2 and the deceased, A2 had instigated A1 to murder the deceased. The murder was quite gruesome.

3.It is also stated that later the accused had also removed the thali of the deceased and also two other silver ornaments and had sold it. These jeweleries have been successfully recovered necessitating also including the provisions under Section 379 IPC.

4.It is stated that the investigation has been completed and final report had been filed through e-filing.

5.But however, an affidavit had been filed by the daughter of the deceased and son of the deceased stating that there is no dispute between A2 and the deceased. This affidavit, if it is taken note of would go to the root of the prosecution case so far as motive is concerned. https://www.mhc.tn.gov.in/judis 1/2

C.V.KARTHIKEYAN, J.

vkr 6.It is therefore evident that these petitioners are actually engaged in enticing the witnesses of the prosecution to speak adverse to the prosecution.

7.In view of that particular circumstance, I am not inclined to grant bail to the petitioner.

8.Hence, this Criminal Original Petition is dismissed. 27.02.2024 vkr Crl.O.P.No.3739 of 2024 https://www.mhc.tn.gov.in/judis 2/2