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Madras High CourtCRL OP/22435/2023dismissed

Aravindgoshe v. State Rep.By

2023-09-29Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

CRL.OP.No.22435 of 2023 SATHI KUMAR SUKUMARA KURUP.J., The Petitioner, who was arrested and remanded to judicial custody on 14.08.2023 for the alleged offences punishable under Sections 147, 148 and 302 of IPC, 1860 and 120B r/w Section 3 of Explosive Substances Act, 1908 in Crime No.524 of 2023, on the file of the Respondent Police, seeks bail.

2. The case of the prosecution is that the Defacto Complainant's son namely Albert was doing the work of supplying company building materials to T.Sugami Precision. In the meantime,, the M.D of the above said Company given the above said supplying work and other works to one Suresh. The said Suresh and others gave trouble to his son. On 05.08.2023, at about 6.00p.m., the Defacto Complainant's son and his friends were sitting on the grounds of the above mentioned Company and drinking tea. At that time, the Petitioner and Others came on two motor cycles has exploded country bomb against his son. He escaped from that and ran away. At that time, the accused persons also stabbed his son with knife and escaped from the scene of occurrence. The Defacto 1/4

complainant's son had sustained fatal injuries and died on the spot. Hence, the case.

3. The learned Counsel for the Petitioner submitted that the Petitioner is arrayed as A9. He is in noway connected with the alleged occurrence. The said occurrence took place on 05.08.2023 and he was remanded to judicial custody on 14.08.2023. She has further submitted that the petitioner is a College Student, to that effect, she has produced the Petitioner's College Fees payment Challan. She also stated there is no specific overt act against the petitioner. Hence, she prays to grant bail to the Petitioner.

4. The learned Additional Public Prosecutor had submitted that the alleged occurrence took place on 05.08.2023 and the role played by the Petitioner herein who is arrayed as A9. He is having no previous case. He has also submitted that the investigation was almost completed. Hence, he has vehemently opposed to grant bail to the petitioner.

5. Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor and perused the materials available on 2/4

record including the First Information Report.

6. Considering the above facts and circumstances and also considering the gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the Petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 29.09.2023 Vv SATHI KUMAR SUKUMARA KURUP.J., Vv 3/4

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