Nirabu @ Samaran v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 18.01.2024 for the alleged offence under Sections 147, 148, 341, 506(ii), 427, 120(b), 307, 212, 302 of I.P.C. in Crime No.81 of 2023 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 10.02.2023 about 01.10 a.m., as a retaliation to the murder of father of A1, when defacto complainant gone towards Mannargudi in his four wheeler vehicle along with deceased and others, the petitioner along with other accused alleged to have came in the opposite direction and dashed the defacto complainant's vehicle and murdered his friend by severing him with knife. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any 1/4

condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 98 days from 18.01.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, 16 accused involved in this case , in which petitioner is arrayed as A6. He would submit that there are 20 previous cases pending against him and he is a notorious person and the other co-accused were released on bail. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and investigation is at initial stage. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances, and according to prosecution, as a retaliation to the murder of father of A1, when deceased travelled in a car, the petitioner dashed his car along with other accused and when he tried to escape from a car, the petitioner along with other accused attacked the deceased with knife, thereby he sustained 2/4

serious injury and subsequently died and also on seeing the previous antecedents of petitioner, having 20 previous cases pending against him and he is a notorious person and now if he is released on bail, there is possibility of tampering the witnesses and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

26.04.2024 rpp 3/4

T.V. THAMILSELVI, J.

rpp Crl.O.P.No.10325 of 2024 26.04.2024 4/4