S.Venkatesh v. The State By

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 11.04.2024, seeking bail in Crime No.94 of 2024, registered for the offence punishable under Sections 364, 307, 302 of IPC @ Sections 364, 302(2 counts) of IPC.

2. The case of the prosecution is that the defacto complainant is the father of the deceased children. There is an illegal intimacy between the mother of deceased children and the accused, and they both have developed illegal contact and the same was reprimand by her husband. Thereafter, the mother of the deceased children stopped to talk with the accused, for which, the accused threatened to kill her two children. On 11.04.2024, at about 11.00 a.m., it was found that the accused has abducted the victim minor children to the forest area and dashed the head of minor children and smashed it on the rock and murdered them. 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. He has not committed any offence as alleged in the FIR. He further submits that the petitioner is not the reason for the death of the deceased. He further submitted that the petitioner is in judicial custody from 11.04.2024. 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 due to illegal intimacy between the defacto complainant's wife and the accused, on the date of the alleged occurrence, the accused has abducted the victim minor children, aged 3 and 5 years respectively, dashed the head and smashed it on the rock and murdered the minor children, He further submits that the investigation in this case was almost completed. However, 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 has not been completed and 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. 03.10.2024 drl P.DHANABAL, J.

drl 03.10.2024