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Madras High CourtCRL OP/26282/2024dismissed

Dhanraj @ Dhanush v. The State Rep By

2024-10-23Honourable Mr.Justice P. Dhanabal3 pages

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 14.09.2024, seeking bail in Crime No.760 of 2024, registered for the offence punishable under Section 103 of BNS.

2. The case of the prosecution is that on 11.09.2024, at about 9.00 a.m, the defacto complainant's son went to work, but he did not return, thereafter, on the next day, the deceased was found murdered with injuries all over the body. During investigation, it came to light that, the deceased father proposed the panchayat election, while consuming liquor, at that time, there was a wordy quarrel, for which, the petitioners assaulted the deceased with knife and murdered him. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. They have not committed any offence as alleged in the FIR. He further submits that due to previous enmity, they have been arrested on suspicion, and they are in judicial custody for more than 40 days. 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 raised an objection stating that the deceased father proposed the panchayat election, at that time, while consuming liquor, there was a wordy quarrel, for which, the petitioners along with other persons attacked the deceased with a knife and murdered him. He further submits that the specific overt act against these petitioners is that they attacked the deceased through knife. He further submits that the investigation is at initial 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 gravity of the offence, and also considering that the investigation is at initial stage, at this stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 23.10.2024 drl

P.DHANABAL, J.

drl 23.10.2024