Madras High CourtCRL OP/12280/2024dismissed

Arokiyasami v. The State Rep By

2024-06-10Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.12280 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioners/accused, who were arrested and remanded to judicial custody on 11.04.2024, seeking bail in Crime No.216 of 2024 registered for the alleged offences punishable under Sections 294(b), 449, 302, 307 and 506(ii) of IPC.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are no way connected with the alleged offence, whereas, a false complaint has been given against them due to the previous enmity. He also submitted that the petitioners have been suffering incarceration from 11.04.2024 and they are ready to abide by any stringent conditions that may be imposed by this Court and hence, he prayed for allowing the bail petition.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that due to the previous enmity, the accused had trespassed into the house of the de facto complainant, abused and attacked the de facto complainant and his son with knife, due to which, the victims sustained with grievous injuries and as a result, the de facto complainant's son died. He further submitted that the petitioners are arrayed as A1 to A3 respectively.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. He further submitted that the investigation in this case is still pending, therefore, if they are released on bail, there is a possibility of them absconding and threatening the witnesses. Hence, he prayed for dismissal of the petition.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and considering the gravity and nature of the offence committed by the accused and also taking note of the submissions made by the learned Government Advocate (Crl.Side) that the investigation in this case is still pending, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, the Criminal Original Petition stands dismissed. 10.06.2024 ham Crl.O.P.No.12280 of 2024 https://www.mhc.tn.gov.in/judis