Dhanush @ Dhanushkumar v. The State Rep By
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 11.06.2024 for the alleged offence under Sections 147, 294(b), 352, 448, 304 of I.P.C. @ 147, 294(b), 352, 448, 304(ii) of I.P.C. in Crime No.208 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 10.06.2024 around 08.00 p.m. the defacto complainant along with his friends consumed alcohol and they went to house of one Udayakumar, wherein all the accused threatened him and also attempted to quarrel, at that time, defacto complainant's father intervened and tried to convince them, thereby he was pushed down by them, due to which he fell down and sustained injuries and subsequently he died. Accordingly, the complaint was registered against the petitioners.
3. The learned counsel for the petitioners submitted that they hav been falsely implicated in this case. In fact, the father of defacto complainant fell down and sustained injury and subsequently he died and not because of these petitioners, but they were implicated as accused as if
they have also conspired and committed murder of father of defacto complainant. He would submit that there is no specific overtact against these petitioners and they are innocent persons and they have not at all committed any offence as alleged by the respondent police. He would submit that there is no role of the petitioners in the alleged offence and they have been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration from 11.06.2024 for more than 21 days. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that already there was a wordy quarrel between friends and on that day, all the accused went to house of Udayakumar and threatened him and attempted to quarrel with friends, at that time, his father intervened, thereby he was pushed down and sustained injuries and subsequently died. He would submit that totally, there are 6 accused involved in this case and the petitioners are arrayed as A1 to A3 and A5 alone not arrested. He would also submit that if they are released on bail,
they may abscond and they would tamper the witnesses and hamper the investigation and the investigation is still pending. Hence, he vehemently opposed to grant bail to the petitioners.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and the fact that investigation is still pending and the charge sheet is yet to be filed and so far, A5 not arrested and if they are released on bail, they may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
02.07.2024 rpp
T.V.THAMILSELVI, J.
rpp 02.07.2024