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Madras High CourtCRL OP/14161/2024dismissed

Kodi @ Dinesh Kodi v. State Rep By

2024-06-18Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.14161 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 11.05.2024, seeking bail in Crime No.397 of 2024 registered for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 302 of IPC.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offence. He further submitted that the de facto complainant's brother and the first accused were fighting each other and the petitioners went there only to pacify the issued between them, whereas, they have been falsely implicated in this case. He also submitted that the petitioners have been suffering incarceration from 11.05.2024. 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 the deceased/victim, who is the brother of the de facto complainant, was fighting with the first accused in an inebriated condition and therefore, the petitioners herein along with A1 had attacked the deceased/victim with wooden log, due to which, the victim sustained grievous injuries and died. He further submitted that the petitioners are arrayed as A2 to A6 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. 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 submission 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.

6. Accordingly, the Criminal Original Petition stands dismissed. 18.06.2024 ham Crl.O.P.No.14161 of 2024 https://www.mhc.tn.gov.in/judis