Madras High CourtCRL OP/12949/2024dismissed

Ashik v. State Rep By

2024-06-04Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.12949 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner/A5, who was arrested and remanded to judicial custody on 28.04.2024, seeking bail in Crime No.124 of 2024 for the alleged offences punishable under Section 302 of IPC altered into Section 120(B), 147, 148, 201 and 302 of IPC.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has nothing to do with the alleged offence and even the name of the petitioner does not find place in the First Information Report. He also submitted that the petitioner has been implicated in this case only based on the confession statement recorded from the other accused. He further submitted that the petitioner is in custody from 28.04.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for granting bail to the petitioner. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

ham

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that due to the previous enmity, the accused conspired together and murdered the husband of the de facto complainant by assaulting him with deadly weapons. He further submitted that two previous cases are pending against the petitioner/A5 herein and further, the investigation in this case is not yet completed, therefore, if he is released on bail at this stage, there is a possibility of him absconding and not available for further investigation.

4. Considering the submissions made by the learned Government Advocate (Crl.Side), taking note of the facts that the investigation is at initial stage and also considering the gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. 04.06.2024 ham Crl.O.P.No.12949 of 2024 https://www.mhc.tn.gov.in/judis