Kailash Jalindar Pakhare v. The State By

Crl.O.P.No.6211 of 2024 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.11.2020, for the offences punishable under Sections 120(b) r/w 302, 450, 302 (3 counts), 380 r/w 34, 109 of IPC and Sections 27(3), 29(b), 30 of Arms Act, in S.C.No.315 of 2021 on the file of the I Additional Sessions Court, Chennai, in connection with Crime No.916 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner's sister one Jayamala was married to the deceased Sheetalkumar and they had two daughters. There was a matrimonial dispute between them and the said Jayamala left the matrimonial home and residing at her parental home at Maharashtra. Due to the matrimonial issue, the petitioner along with other accused persons decided to kill the said Sheetalkumar and his parents. Accordingly, on 11.11.2020, the accused persons trespassed into the house of the deceased Sheetalkumar and thereby using 32 round revolver killed the said Sheetalkumar and his father and mother. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that false case has been foisted as against the petitioner and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was arrested and remanded to judicial custody on 18.11.2020 and incarcerated for the past more than three years. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are totally nine accused and the petitioner is arrayed as first accused. This is the third bail petition and this Court already dismissed the earlier petitions filed by the petitioners. He further submitted that as directed by this Court, the trail has been commenced in S.C.No.315 of 2021 on the file of the I Additional Sessions Court, Chennai and the prosecution has examined all the witnesses and today the case is posted for Investigation Officer's witness. If the petitioner released on bail, he would tamper the witnesses and hamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the petitioner has committed very serious offence and there are materials to attract the offences as against the petitioner. Further, this Court already dismissed the earlier bail petitions on two occasions and

there is no change in circumstances to entertain this petition. Taking consideration of the above facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 13.03.2024 rts

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.6211 of 2024 13.03.2024