Madras High CourtCRL OP/9383/2024dismissed

Arul v. State Rep By

2024-04-17Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.9383 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.01.2024 in connection with Crime No.21 of 2024 registered for the alleged offences punishable under Sections 294(b), 323, 324, 307, 506(ii) of IPC and altered under Sections 294(b), 323, 324, 302, 506(ii) IPC, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner aged about 50 years is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the offence and there is no specific overtact against him. He also submitted that the petitioner is suffering incarceration from 27.01.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court, hence he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that due to the previous enmity, the accused had abused the deceased/victim in a filthy language and assaulted him, causing grievous injuries. Thereby, the case was registered for the offences under Sections 294(b), 323, 324, 307, 506(ii) of IPC, whereas, the victim died without responding to the treatment, thereby, the offence under Section 307 IPC has been altered to 302 IPC. He further submitted that there are four accused in this case and the petitioner is arrayed as A3 and the investigation in this case is still pending. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

4. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and considering the gravity of the offence committed by the accused and further the investigation in this case is still pending, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. 17.04.2024 ham Crl.O.P.No.9383 of 2024 https://www.mhc.tn.gov.in/judis