Arulchezhiyan v. Home, Prohibition And Excise Department

Crl.O.P.No.13345 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody, seeking bail in Crime No.96 of 2024 for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 302 of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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 there exist a dispute between the petitioners' gang and the de facto complainant with regard to the temple festival, and due to which, the de facto complainant has lodged a false complaint against the petitioners. He also submitted that the petitioners have nothing to do with the alleged offence, whereas, the first petitioner was arrested on 24.04.2024 and the second petitioner was arrested on 20.04.2024 and they are in judicial custody for more than a month. He further submitted that the petitioners are ready to abide by any stringent 1/4

conditions that may be imposed by this Court. Hence, he prayed for granting bail to the petitioners.

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 abused the de facto complainant and his family members in a filthy language and intimidated them to with draw the earlier case given by the de facto complainant against the accused. During the quarrel, the accused had assaulted the de facto complainant and his family members, in which, the wife of the de facto complainant sustained injuries and died without responding to the treatment. He further submitted that there are ten accused in this case and the petitioners are arrayed as A5 & A9 respectively and they have assisted the other accused in the crime. He also submitted that the investigation in this case is not yet completed, therefore, if the petitioners are released on bail at this stage, there is a possibility of them threatening the witnesses.

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

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5. Considering the submissions made by the learned Government Advocate (Crl.Side), taking note of the facts that the investigation is not yet completed and also considering the gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 07.06.2024 ham 3/4

T.V.THAMILSELVI, J.

ham Crl.O.P.No.13345 of 2024 07.06.2024 4/4