Arokiyasami v. The State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 11.04.2024 for the alleged offence under Sections 294(b), 449, 302, 307, 506(ii) of I.P.C. in Crime No.216 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 10.04.2024 around 01.30 hrs., when the defacto complainant and his son were sleeping at their home, the petitioner along with other accused trespassed into his house and attacked the deceased with deadly weapons on head, neck, stomach and legs, as a result of which, defacto complainant's son sustained multiple injuries all over the body and died. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that he is an innocent person and he is no way connected with the offence and he has not involved in the alleged commission of murder of deceased Vijayakanth. He

would further submit that the petitioner has been falsely implicated in this case and he is suffering incarceration for more than 83 days from 11.04.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that it is a revenge murder and one case for the offence under Sec.307 of I.P.C. is pending against him and he is arrayed as A1. With a previous motive, the petitioner along with other accused trespassed into the house of defacto complainant and attacked his son with deadly, thereby he sustained multiple injuries all over the body and died. He would submit that if he is released on bail, he will tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the fact that as it is a revenge murder, detailed investigation is to be conducted and and the fact that he is also having life threat and also considering the gravity of offence

committed by the petitioner and also considering the fact that there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

04.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 04.07.2024