Dhanasekar v. State By

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 04.08.2024, seeking bail in Crime No.266 of 2024, registered for the offence punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS @ Section 296(b), 115(2), 118(1), 109 of BNS @ 296(b), 115(2), 118(1) and 103 of BNS., seeks bail.

2. The case of the prosecution is that on 02.08.2024, at about 11.30 p.m, the petitioners compelled the husband of the defacto complainant to consume alcohol. When he refused, the petitioners abused his wife. When questioned by the husband of the defacto complainant, a wordy quarrel arose between them. Due to which, the petitioners attacked him with their hands and stone on his head, causing grievous injuries, admitted in the hospital, and after 5 days of treatment, he died. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the 1/4

petitioners are innocent persons and they have been falsely implicated in this case. They have not committed any offence as alleged in the FIR. Hence, he prayed for bail stating that, the petitioners are 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 submitted that the deceased and the petitioners are friends. On the date of the alleged occurrence, when the petitioners compelled the deceased to consume alcohol, the deceased refused, a wordy quarrel arose between them, due to which, the petitioners attacked the deceased with beer bottles with hands and legs on his head, causing grievous injuries, admitted in the hospital, later he died. He further submit that the investigation is at 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 2/4

on record.

6. Considering the gravity of the offence and the investigation is at initial stage, at this stage, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition stands dismissed. 24.09.2024 vsg P.DHANABAL, J.

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