Vijay v. State Rep. By

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 04.04.2023 for the alleged offences under Sections 448, 147, 148, 427, 294(b), 324, 307, 302, 342 and 34 of IPC in crime No.148 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused trespassed, unlawfully assembled, damaged house properties and scolded the deceased filthily. They also assaulted the deceased with knife attempting to commit murder, thereby he died.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not involved in any offence as alleged by the prosecution. Hence, he prayed for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner who is arrayed as A6, has specific overt act as he only caught hold the deceased. The accused persons murdered the deceased with knife. Therefore, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the accused family and the victim's family had previous enmity, due to which the accused persons trespassed the house of the deceased and attacked with deadly weapons. Further, the petitioner had specific overt act and he was arrested only on 04.04.2023 Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 05.05.2023 lok

G.K.ILANTHIRAIYAN, J.

lok 05.05.2023