Mohan v. State Rep By

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.08.2024, seeking bail in Crime No.403 of 2024, registered for the offence punishable under Sections 191(2), 296(b), 287, 103 of BNS.

2. The case of the prosecution is that on 09.08.2024 at about 9.00 a.m, due to an illegal intimacy, the petitioner along with other accused persons came to the shop of the deceased, there was a wordy quarrel arose, during which, the accused persons poured petrol on her body and set her on fire, she sustained severe injuries, was taken to KMC hospital and died after 3 days of treatment. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he is the relative of A1. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner is in judicial

custody for 30 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 an objection stating that the deceased is the second wife of the first petitioner's husband. Due to an illegal intimacy of the deceased, on the date of the alleged occurrence, the petitioner along with other accused persons came to the shop of the deceased, due to which, there was a wordy quarrel between them, during which the accused persons poured petrol on her body and set her on fire and after 3 days of treatment, she died. He further submits that this petitioner actively participated in the scene of occurrence and he is the brother of the first accused. He further submit that the investigation is in preliminary stage. 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. 13.09.2024 drl P.DHANABAL, J.

drl

13.09.2024