M.Shanthakumar v. State By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 12.05.2024 for the alleged offence under Sections 341, 294(b), 307 and 506(ii) of I.P.C. in Crime No.154 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.05.2024, due to a previous enmity between the defacto complainant's son Udayakumar and accused, when the defacto complainant's son was speaking with his friend at Camp road, the petitioner along with other accused waylaid him and assaulted him with knife, thereby he sustained injuries and subsequently died. Accordingly, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner would submit that the petitioner is aged about 19 years and he was a college student and he did not know to drive vehicle, but he was falsely implicated in this case as if he accompanied with other accused by giving motorcycle also for commission

of offence. He would submit that he has not at all committed any offence as alleged in the complaint and he is no way connected with the alleged offence. He would submit that investigation is almost completed and he is ready to comply with the condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for 50 days from 12.05.2024. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally three accused involved in this case and the petitioner is ranked as A3. He along with other accused have involved in committing offence of murder of defacto complainant's son and he accompanied with them by giving his motorcycle. He would submit that if he is released on bail, he would hamper investigation and tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.

5. On considering the above facts and circumstances and also on seeing the conduct of petitioner that he accompanied with other accused and also gave his motorcycle for commission of offence and the fact that the

investigation is not yet completed and at this stage, if he is released on bail, there is possibility of tampering evidence and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

03.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 03.07.2024