Sivalingam v. The Inspector Of Police

Crl.O.P.No.18004 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 11.04.2024, seeking bail in Crime No.64 of 2024 for the alleged offence punishable under Section 302 of IPC.

2. Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner. He further submitted that the petitioner is aged about 59 years and he has been suffering incarceration from 11.04.2024. He also submitted that there is no intention or motive for the petitioner to murder his wife and on the alleged date of occurrence, since the coconut stack fall on the victim's head, she died. Hence, he prayed for bail.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner/accused is the husband of the victim/deceased, who in an inebriated condition picked up quarrel with his wife and brutally attacked her with a wooden pestle and malu, due to which, she died. He further submitted that the case was registered based on the complaint given by the petitioner's son and the the case is at the stage of committal. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. He also submitted that the earlier bail application filed by the petitioner was dismissed on 02.07.2024 and there is no change in circumstances. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration the submissions made by the learned Government Advocate (Criminal Side) that there is no change in circumstances and also considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 30.07.2024 ham Crl.O.P.No.18004 of 2024 https://www.mhc.tn.gov.in/judis