Madras High CourtCRL OP/25849/2024dismissed

Vignesh v. State, Rep. By

2024-10-19Honourable Mr.Justice P. Dhanabal3 pages

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 19.09.2024, seeking bail in Crime No.248 of 2023, registered for the offence punishable under Section 103(1) of BNS, 2023.

2. The case of the prosecution is that on 19.09.2024 at about 9.50 p.m, the petitioner, under intoxication misbehaved with the deceased Valliyammal, aged about 80 years, when she raised alarm, the petitioner assaulted her with a bill-hook, pressed her neck and murdered her. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner, aged 21 years, is an innocent person and due to civil dispute, he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner is in judicial custody from 19.09.2024. 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 on the date of the alleged occurrence, due to property dispute, the petitioner in a drunken mood, misbehaved with the deceased, aged 80 years, when she raised alarm, the petitioner assaulted her with a bill-hook and murdered her. He further submits that the deceased died in the spot. He 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, gravity of offence and also considering the fact 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. 19.10.2024 drl P.DHANABAL, J.

drl 19.10.2024