Sarathy v. State By

Crl.O.P.No.18535 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Sarathy, who was arrested and remanded to judicial custody on 13.06.2023 registered for the offences punishable under Sections 341, 323, 363 of IPC @ Sections 147, 148, 341, 342, 323, 324, 364A and 302 of IPC in Crime No.109 of 2023 on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case. Petitioner is a student and he is in judicial custody from 13.06.2023. Thus, he seeks bail to the petitioner.

3. In response, learned Government Advocate (Crl. Side) submitted that, A1 to A5 are financiers and deceased was working under him. Deceased said to have misappropriated certain amount and therefore, he was abducted by the accused persons at 07.45.p.m., on 25.02.2023 at A2B Restaurant, Koyambedu. Accused had beaten the 1/3

deceased indiscriminately and caused his death and also burnt the body of the deceased. It is also evident in the CCTV footage. Investigation in this case is not completed. Hence, he opposed for grant of bail to the petitioner.

4. It is seen that, this is the second bail petition filed by the petitioner. This Court on 14.07.2023 dismissed the petitioner's bail petition filed by the petitioner in Crl.O.P.No.18535 of 2023 on the ground that, investigation in this case is not completed. It is now, reported by the learned Additional Public Prosecutor, still investigation is pending in this case and it would take another two weeks for completing the investigation. In the said circumstances, this Court finds no change of circumstances warranting this Court to consider the bail petition. Thus, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 17.08.2023 Sma 2/3

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.18535 of 2023 17.08.2023 3/3