Prem @ Premkumar v. State Rep By
Crl.O.P.No.10100 of 2024 T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 11.02.2024 in connection with Crime No.23 of 2024 registered for the offences punishable under Sections 147, 148, 294(b), 323, 324, 427, 302 of IPC r/w 149 of IPC, seeks bail.
2. Learned counsel appearing for the petitioner submitted that the petitioner 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 alleged offence and also there is no specific overtact against him. He also submitted that the petitioner is suffering incarceration from 11.02.2024 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 Public Prosecutor (Puducherry) appearing for the respondent police raised objection for granting bail to the petitioner stating that the petitioner along with other accused, during the wordy quarrel, abused the son of the de facto complainant in a filthy language and assaulted him with knife and wooden log, due to which, he succumbed to injuries. He further submitted that there are 13 accused in this case and only six of them were secured. He also submitted that the investigation is still pending, however, there is a clear evidence to show that the petitioner/A2 has involved in the commission of offence by assaulting the victim with wooden log on his head, therefore, if he is released on bail at this stage, there is a possibility of him absconding and would threaten the witnesses. https://www.mhc.tn.gov.in/judis
T.V.THAMILSELVI, J.
4. Heard both sides and perused the materials available on record including the counter filed by the respondent.
5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Public Prosecutor (Puducherry) that seven accused in this case are still absconding and considering the gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, the Criminal Original Petition stands dismissed. 25.04.2024 ham Crl.O.P.No.10100 of 2024 https://www.mhc.tn.gov.in/judis