Prasanth v. The State Rep. By,

Crl.O.P.No.15201 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioners/A1 & A5, who were arrested and remanded to judicial custody on 28.10.2023, seeking bail in S.C.No.61 of 2024 on the file of the III Additional District and Sessions Judge, Virudhachalam, in connection with Crime No.234 of 2023 registered for the offence under Sections 147, 148, 341 & 302 @ 147 148, 341, 302, 294(b), 506(ii), 392, 120B and 109 of IPC.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are no way connected with the alleged offence and only due to their previous antecedents, the respondent has implicated them in this case. He further submitted that the investigation in this case has been completed and also taken up trial in S.C.No.61 of 2024 on the file of the III Additional District and Sessions Judge, Virudhachalam. He also submitted that the similarly placed co-accused have been granted bail by this Court. He further submitted that the detention order passed against the petitioners were revoked, however, they are suffering incarceration from 1/4

28.10.2023 and hence he prayed for grant of bail to the petitioners.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police objected for granting bail stating that the petitioners along with other accused had picked up the quarrel with the deceased/victim, who was running a biryani shop at Neyveli, by demanding food without payment and since the deceased/victim denied the same and gave complaint against them, the accused conspired together and brutally murdered him, thereby, the case in Crime No.234 of 2023 came to be registered. He further submitted that the investigation in this case has been completed, the charge sheet has also been filed and the case was also taken up in S.C.No.61 of 2022. He also submitted that both the petitioners having several previous cases, hence, if they are released on bail, there is a possibility of them absconding and not available for trial.

4. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and taking note of the antecedents of the petitioners, this Court is not inclined to grant bail to the petitioners.

5. Accordingly, the Criminal Original Petition stands dismissed. 2/4

28.06.2024 ham 3/4

T.V.THAMILSELVI,J.

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