Balaji v. State Rep By
Crl.O.P.No.17172 of 2024 Crl.O.P.No.17172 of 2024 T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 28.05.2024 for the alleged offences punishable under Section 174 of Cr.P.C. @ 304(ii) of IPC, in Crime No.102 of 2024, on the file of the respondent Police, seeks bail.
2. Learned Counsel for the petitioner submitted that the petitioner is an innocent person, aged about 35 years, has been falsely implicated in this case and it is alleged that the deceased died due to high BP and Sugar level and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has performed the funeral rites to the deceased person and after one month of time, the petitioner was arrested. He further submitted that the petitioner is in custody from 28.05.2024, and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that initially the case has been registered as against the petitioner under Section 174 Cr.P.C., and later it was altered into under Sections 304(ii) of IPC. He further submitted that there was a wordy quarrel https://www.mhc.tn.gov.in/judis
Crl.O.P.No.17172 of 2024 T.V.THAMILSELVI, J.
drl between the petitioner and the deceased person, for which, the petitioner brutally attacked the deceased by stone, dashed the deceased' head on wall and trampled her neck and caused grievous injuries, and the deceased would appear to have died due to complications of the multiple injuries. He also submitted that the investigation is still pending. However, he opposed for the grant of bail to the petitioner.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Considering the facts and circumstances of the case, and also considering the grave nature of offence and also the investigation is at initial stage and this Court is of the view that if the petitioner is released on bail, he may tamper the witnesses and cause disturbance in the process of investigation, therefore, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 23.07.2024 drl Crl.O.P.No.17172 of 2024 https://www.mhc.tn.gov.in/judis