K.Sivakumar v. State Rep By
T.V.THAMILSELVI, J.
The petitioner who was arrested and remanded to judicial custody on 06.02.2024 registered by the respondent Police under Section 174 Cr.P.C and later, altered to Section 302 of IPC in Crime No.7 of 2024, seeks bail.
2.The case of the prosecution is that the defacto complainant is the wife of the deceased. Due to difference of opinion, the deceased left the defacto complainant and lived with one Vimala. On 05.12.2023, the deceased was attacked by the petitioner and A1 and the deceased died on 07.01.2024, without supporting treatment. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner who is none other than the brother of the deceased is an innocent person and he has been falsely implicated in this case. He would further submit that there was some family dispute, due to which, a wordy quarrel happened at that time and the deceased fell down and sustained injuries and died in the hospital. He would also submit that the petitioner has no motive to attack the deceased. Hence, he prayed for grant of bail
to the petitioner.
4.The learned Government Advocate (crl.side) appearing for the respondent Police would submit that due to some family dispute and land dispute, the petitioner along with other accused attacked the deceased and the deceased sustained injuries and died in the hospital. He would further submit that there are six previous cases against the petitioner. He would also submit that if the petitioner is granted bail, there is a possibility of tampering the evidence. Hence, he opposed for grant of bail to the petitioner.
5.Taking into consideration the gravity of the offence and the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition stands dismissed.
08.04.2024 vkr
T.V.THAMILSELVI, J.
vkr 08.04.2024