Velu v. State Rep By

Crl.O.P.No.10223 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 15.09.2023 in S.C.No.34 of 2024 pending trial on the file of the III Additional District and Sessions Court, Coimbatore, for the offences punishable under Sections 302, 380 & 449 of IPC in Crime No.382 of 2023 on file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence, whereas, he has been false implicated in this case. He also submitted that the petitioner is having a female child, who is suffering with Neuro problem and he has to take care of her. He further submitted that the investigation has been completed in this case and the petitioner is suffering incarceration from 15.09.2023. He also submitted that the detention order passed against the petitioner has also been revoked by this Court. Hence, he prays for grant of bail to the petitioner stating that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

3. The respondent has filed a detailed counter. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that it is the case of murder for gain. He further submitted that the investigation in this case has been completed and the case has also been taken up for trial in S.C.No.34 of 2024 on the file of the III Additional District and Sessions Court, Coimbatore and the case now stands posted to 27.06.2024 for further proceedings. He also submitted that the petitioner is arrayed as A2 in this case, against whom, two previous cases including one case registered for the offences under Section 302 IPC are pending. Therefore, if the bail is granted to the petitioner, he would abscond and not available for trial.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) that it is a case of murder for gain and taking note of the fact that the case has been taken up for trial and also considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 26.04.2024 1/2 ham Crl.O.P.No.10223 of 2024 https://www.mhc.tn.gov.in/judis