Mathesh v. State Rep By
A.A.NAKKIRAN , J.
The petitioner, who was arrested and remanded to judicial custody on 24.04.2023 for the offences punishable under Sections 294(b), 324, 307 and 506(ii) of IPC @ Sections 294(b), 307 and 506(ii) of IPC, in Crime No.175 of 2023 on the file of the respondent police, seeks bail.
2.The case of the prosecution as per the defacto complainant, who is the father of the victim is that due to previous enmity, the petitioner has picked up a quarrel with the defacto complainant and when it was questioned by the victim/deceased as a son, the petitioner has abused and assaulted the victim/deceased by using knife, due to which, he succumbed to injuries. Hence the case.
3. Learned Counsel for the petitioner submitted that the petitioner is an innocent person, aged about 19 years. He further submitted that there was a quarrel between the petitioner and the victim
and during the quarrel, the incident has happened. He further submitted that there was absolutely no intention to murder the victim. He further submitted that the petitioner is in judicial custody from 24.04.2023 and major part of the investigation is also over. Hence, he prayed for grant of bail to the petitioner.
4.Learned Additional Public Prosecutor appearing for the respondent police submitted that due to previous enmity, the petitioner has picked up a quarrel with the defacto complainant, who is the father of the victim and when it was questioned by the victim/deceased as a son, the petitioner has abused and assaulted the victim/deceased by using knife, due to which, he succumbed to injuries. He also submitted that the investigation is still pending and the injury sustained by the petitioner is grievous in nature. Hence, he opposed for grant of bail to the petitioner. 5.Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record.
6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and the nature of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.
7.Accordingly, this Criminal Original Petition is dismissed. 17.05.2023 vkr/ham
A.A.NAKKIRAN , J.
vkr/ham 17.05.2023