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Madras High CourtCRL OP/10268/2024dismissed

Selvaraj v. The State Rep By

2024-04-26Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 21.09.2023 for the alleged offence under Section 302 I.P.C. @ Sec.302, 449, and 506(ii) of I.P.C. in Crime No.145 of 2023 on the file of the respondent police, pending trial in S.C.No.348 of 2023 on the file of Addl. District and Sessions Judge, Attur, seeks bail.

2. The case of prosecution is that in the year of 2017, due to personal enmity, the petitioner said to have attached deceased one Selvam with veecharival in front of his shoe mart, thereby he sustained serious injury and subsequently died. 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 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 6 months from 20.09.2023. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that already the petitioner murdered his own wife and a case under Sec.302 of I.P.C. is pending and on the date of occurrence, he killed husband of Sathya, who is employed in his shop and immediately he was arrested. 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 facts and circumstances of the case and on seeing conduct of the petitioner, he killed his wife and case under Sec.302 of I.P.C. is pending and now on the date of occurrence, he killed husband of one Sathya, who was employed in his shop and investigation was completed and final report was filed and the case was taken on file in S.C.No. 348 of 2023 on the file of Addl. District and Sessions Judge, Attur and also the fact that

if he is released on bail, there is possibility of hampering the investigation and tampering the witnesses, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 26.04.2024 rpp

T.V.THAMILSELVI, J.

rpp 26.04.2024