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Madras High CourtCRL OP/14819/2024dismissed

Selvaraj v. Home, Prohibition And Excise Department

2024-06-25Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.O.P.No.14819 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.09.2023, seeking bail in S.C.No.348 of 2023 pending trial on the file of the learned Additional District and Sessions Judge, Attur, in connection with Crime No.145 of 2023 for the alleged offences punishable under Section 302 of IPC @ Sections 302, 449, and 506(ii) of IPC.

2. Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner and the earlier bail petition filed by the petitioner was dismissed by this Court in Crl.O.P.No.10268 of 2024 vide order dated 26.04.2024. He further submitted that the trial in S.C.No.348 of 2023 is pending on the file of the learned Additional District and Sessions Judge, Attur and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that the petitioner is in custody from 21.09.2023 and hence, he prayed for bail.

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3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the wife of one Selvam/deceased was having an illegal intricacy with the petitioner/accused and later, on the advice of her husband and sons, she severed her relationship with the petitioner and thereby, enraged over her act, the petitioner brutally murdered her husband. He further submitted that four previous cases including the case of murdering his wife, are pending against the petitioner. He also submitted that the case was taken up for trial in S.C.No.348 of 2023 is pending on the file of the learned Additional District and Sessions Judge, Attur and there are 24 witnesses in this case, therefore, if the petitioner is released on bail at this stage, he may abscond and threaten the witnesses. He further submitted that this is the second application for bail filed by the petitioner and there is change in circumstances, hence, he opposed for allowing the petition.

4. Taking into consideration the submissions made by the learned Government Advocate (Criminal Side) that there is no change in circumstances and also considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. 2/4

5. Accordingly, the Criminal Original Petition stands dismissed. 25.06.2024 ham 3/4

T.V.THAMILSELVI, J.

ham Crl.O.P.No.14819 of 2024 25.06.2024 4/4