Marimuthu v. The 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 21.08.2024, seeking bail in Crime No.131 of 2024, registered for the offence punishable under Section Woman missing and altered to Sections 103(1), 303(2), 331(4), 305(a) and 238(a) of BNS, Act.

2. The case of the prosecution is that on 03.08.2024 at about 12.00 p.m., when the deceased was sleeping in her house, the accused persons committed murder by pressing the pillow upon her face and thereby stole the earrings, nose rings, gold coin and the dead body was wrapped in a bag and on the next day, they have thrown the dead body into the river at Paramathivellore. 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 21.08.2024. 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 there are totally three accused in this case and the petitioner herein is arrayed as A3. He further submits that on the date of the alleged occurrence, the petitioner along with other accused murdered the deceased by pressing a pillow upon her face and stolen jewels from her. He further submits that the jewels are recovered from the petitioner. further submits that the investigation in this case is still pending. 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 is at initial stage and the grave nature of the offence, 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