Prithvi v. Home, Prohibition And Excise Department
Crl.O.P.No.15196 of 2024 T.V.THAMILSELVI, J.
This Criminal Original Petition has been filed by the petitioner/ A4, who was arrested and remanded to judicial custody on 11.06.2024, seeking bail in Crime No.208 of 2024 registered for the offence under Sections 147, 294(b), 352, 448 & 304 of IPC r/w 304(II) of IPC.
2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is working as a cremator in Vellipalayam graveyard and he is no way connected with the alleged offence, whereas, he was arrested only based on the suspicion. He also submitted that only the de facto complainant and his friends had picked up the quarrel with the accused gang in an inebriated condition and the victim had suffered heart attack on seeing his son drunk and getting into a fight. He also submitted that the petitioner has been suffering incarceration from 11.06.2024, hence, he prayed to grant bail to the petitioner.
3. Learned Government Advocate (Criminal Side) appearing for the respondent police objected for granting bail stating that due to the previous enmity, the accused group and the de facto complainant group fought with each other and when the father of the de facto complainant had attempted to prevent them, the accused had pushed him down, due to which, he died on the spot, thereby, the accused had committed culpable homicide.
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T.V.THAMILSELVI,J.
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4. He further submitted that one of the accused is still absconding and the investigation in this case is at the initial stage. If the petitioner is enlarged on bail, there is a possibility of him absconding and not available for further investigation.
5. 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 fact that the investigation is at initial stage, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, the Criminal Original Petition stands dismissed. 28.06.2024 ham Crl.O.P.No.15196 of 2024 https://www.mhc.tn.gov.in/judis