Sathish v. The State Rep By Its,
P.DHANABAL, J.
The petitioner, who was arrested and remanded to judicial custody on 11.06.2024 for the alleged offence punishable under Section 174 Cr.P.C. @ 302 of IPC, in Crime No.120 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that, due to property dispute between the first accused and the deceased, the petitioners A1 and A2 arranged for the accused A3 to A5 to act as hooligans and commit the murder of the deceased through them. Hence, the case.
3. Learned Counsel for the petitioners submitted that the petitioners are innocent persons, they have been falsely implicated in this case for the murder of the deceased. They have not committed any offence as alleged in the FIR. He further submitted that the occurrence took place on 29.05.2024 and the petitioners were arrested on 11.06.2024. Hence, he prays for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to a property dispute between the first accused and the defacto complainant, the petitioners A1 and A2 arranged the accused A3 to A5 as hooligans and murder the deceased. The accused herein opened the defacto complainant's room tiles during night hours and murdered the deceased, after which the petitioners left the same way. After six days only the body at decomposed stage, the respondent police identified the deceased person and based on that, FIR was registered against the petitioners. He would further submit that A1, A4 and A5 have been arrested, A2 and A3 are still absconding. Investigation in this case is still pending and thereby, he strongly 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 submissions made by the learned counsel on either side and some of the accused were still absconding and considering the fact that the investigation in this case has not been completed and also considering the grave nature of the offence and also considering all the above factors, I am not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 06.08.2024 drl P.DHANABAL, J.
drl 06.08.2024