Vishwa v. The State Of Tamilnadu

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 12.07.2024, seeking bail in Crime No.332 of 2024, registered for the offence punishable under Sections 194 of BNS @ 103 and 238 of BNS Act.

2. The case of the prosecution as per the de-facto complainant, Umamageshwari, VAO, Poosivakkam Village lodged a complaint on 11.07.2024, in Koyambakkam Village one unknown male body was found in a buried condition. Initially the case was registered in Crime No.332 of 2024 under Section 194 of BNS. During investigation, it came to know that the petitioner along with other accused borrowed a sum of Rs.7 lakhs from the deceased and the deceased demanded the amount, for which, the petitioner along with other accused took the deceased in a car and with the help of nylon rope, the accused tied the deceased causing death and thereafter, they took the body to the plot of Koyambakkam Village.

Thereby, the case has been altered to the offence punishable under Section 103, 238 of BNS.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner is in judicial custody for more than 55 days. Hence, he prayed for bail stating that, the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that there are totally two accused in this case and the petitioner herein is arrayed as A1. He further submit that on the date of the alleged occurrence, the petitioner along with other accused borrowed a sum of Rs.7 lakhs from the deceased. When the deceased demanded the amount, the petitioner along with other accused person took the deceased in a car and by using a Nylon rope they tied the deceased, causing his death, and they buried the body nearby the river. He

further submit that the investigation is in progress. Hence, he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and also perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, and also considering the fact that the investigation is at initial stage and also considering the grave nature of offence, at this stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 09.09.2024 drl

P.DHANABAL, J.

drl 09.09.2024