Naveenkumar v. State Rep By

Crl.O.P.No.15570 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 25.04.2022 for the offences punishable under Section 174 of Cr.P.C. altered into Sections 302 & 201 of IPC in crime No.338 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the Village Administrative Officer of Pondur Village, who lodged complaint stating that a female body was found and on investigation, it was found that the deceased was one, Priya. A1/the petitioner and A2 were doing brothel business and the said Priya also involved in that business. A2 along with A1 planned to murder her. Therefore, she was taken to the house of the A2, where A1 assaulted her with hands indiscriminately and fisted on her nose, which caused bleeding injury. Therefore, A1 pressed her nose with shawl, due to which, suffering breathing problem, she died. In order to screen the body, they have taken the body in a pulsar bike and threw the same in Pondur Village. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that originally FIR was registered on the file of the Sriperumbudur Police Station and thereafter it was transferred. The deceased Priya and the accused persons were doing brothel business. On the date of occurrence, there was a wordy quarrel. At that time, A1 attacked the deceased on her nose and there was a bleeding on her nose. Therefore, A1 pressed her nose with shawl, due to which she died on the spot, pursuant to which they took the body from Sriperumbudur to the place which is under the jurisdiction of the respondent police and threw the same.

5. It is seen that the deceased was beaten on her nose and as such she died. Thereafter, her body was thrown out within the jurisdiction of the respondent police. The villagers found the body and informed to the Village Administrative Officer and he lodged the complaint. Therefore, the petitioner along with other accused has brutally murdered the deceased and had thrown

out the body. As such, this court is not inclined to grant bail to the petitioner. Further, the earlier bail petition filed by the petitioner in Crl.OP.No.14405 of 2022 was dismissed by this Court on 23.06.2022 and this is the second bail petition. Even then, there is no change of circumstances in this case.

6. Accordingly, this criminal original petition is dismissed. 06.07.2022 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.15570 of 2022 06.07.2022