V.Saman v. The State Rep.By

C.V.KARTHIKEYAN,J.

The petitioner seeks bail in Crime No.70 of 2023, registered by the respondent police for the offences punishable under Sections 201, 302 & 364 of IPC. The petitioner had been remanded to custody on 16.09.2023.

2.On 06.03.2023, the wife of the defacto complainant had given a complaint stating that her husband was missing from at about 2.00 p.m. The case in Crime No.70 of 2023 was registered as "man missing". Later, after about six months, on 08.09.2023, one of the villagers had gone over to the hill and saw a dead body and informed the police and on identification, it was found that it was the husband of the defacto complainant. The body was decomposed. 3.It is the case of the prosecution that the accused had given money to the deceased to take them to the forest to find treasure. But since he did not return the money nor did not get the treasure, he was taken to the hill and there he was murdered. Investigation is at an extremely primary stage.

4.The learned counsel for the petitioner stated that the petitioner had paid a sum of Rs.10,000/- to the father of the deceased for funeral expenses and he is also a neighbour and therefore stated that the petitioner is innocent.

5.It is also stated that the petitioner had appeared before the police for enquiry and had co-operated during the course of investigation. But, the investigation is yet to start and all the accused will have to be identified. The occurrence was on 06.03.2023 and the body as such was recovered only after six months on 08.09.2023. 6.In view of the fact that investigation has to be done and other accused will have to be determined, who are still absconding, even though the petitioner has been in incarceration, at this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

16.11.2023 ata

C.V.KARTHIKEYAN,J.

ata 16.11.2023