Deepak @ Seemakalai v. State Rep By

Crl.O.P.No.20454 of 2022 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.09.2021 for the alleged offence under Section 302 I.P.C. in Crime No. 639 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner alleged to have stabbed the deceased Kalimuthu with knife after exchanged heated arguments between them. Hence, the complaint.

3. The learned counsel appearing for petitioner would submit that he is the sole accused and out of listed 25 witnesses, 13 witnesses examined and in fact, the remaining witnesses are official witnesses. Hence, he would not tamper the evidence and hamper the investigation. He would submit that he is in judicial custody for more than a year and this is third petition seeking for bail. He would further submit that he is ready to comply with

any condition imposed by this court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are four previous cases pending against the petitioner and the investigation has been completed and a charge sheet was filed in S.C.No.75 of 2022. He would submit that this is the third petition seeking for bail and if he is released on bail, he will hamper the investigation and tamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the submissions made by both counsel, and on considering the fact that there are four previous cases pending against him and due to previous motive, he stabbed Kalimuthu with knife, the investigation was completed, the final report was filed and also on seeing the gravity of offence, if he is released on bail, he will abscond and drag on the matter, and on seeing the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this

Criminal Original Petition is dismissed. However, as the accused is in custody, the trial court is directed to dispose the case within a period of three months from the date of receipt of copy of this order. 07.09.2022 rpp

T.V.THAMILSELVI, J.

rpp 07.09.2022