Vignesh v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.03.2024 for the alleged offence under Section 174 of Cr.P.C. and subsequently altered into Sec.302 and 342 I.P.C. in Crime No.65 of 2024 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 06.03.2024 when the deceased and the petitioner along with other accused consuming liquor, there was a wordy quarrel arose between them, thereby accused persons alleged to have attacked the deceased, due to which 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 is an innocent person and he has been falsely implicated in this case. He would submit that he has not at all committed any of offence as alleged by 1/4

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 from 09.03.2024 for more than 50 days. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that while consuming alcohol, there was a wordy quarrel arose, thereby the petitioner along with other accused attacked deceased, due to which he sustained serious injury and died. He would submit that the petitioner is arrayed as A2. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and investigation is at the preliminary stage. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances, and according to the prosecution, there was a wordy quarrel between them while both of them were in drunken mood, thereby the petitioner along with other accused attacked deceased, due to which, he deceased sustained serious 2/4

injury and subsequently died and the post-mortem report also reveals that the deceased died of hemorrhagic shock due to cut injury to neck with sharp cutting weapon and the fact that investigation is at preliminary stage and at this stage, if he is released on bail, he may abscond and 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.

29.04.2024 rpp 3/4

T.V. THAMILSELVI, J.

rpp Crl.O.P.No. 10580 of 2024 29.04.2024 4/4