Chandira v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 18.10.2022 for the alleged offence under Section 302 I.P.C. in Crime No.136 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the deceased person is husband of petitioner and there is a land dispute between the 1st wife family and defacto complainant's family. On 18.10.2022 at about 06.00 a.m. the defacto complainant's husband went out for work and thereafter he did not return back to home. However, at about 7.45 p.m., driver of Sriram Matriculation School, Kambainallur informed her that her husband died near mango thottam. Immediately, she went to the place of occurrence and saw her husband died due to cut injuries on the head and neck. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and with an intention to put him behind the bar. He would submit that she is no way connected with the offence. He would submit that she has not at all committed any of offence as alleged by the respondent police and she has been falsely implicated in this case and she will abide by any condition imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 18.10.2022. Hence, she prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are five accused and the petitioner is arrayed as A2. He would submit that due to property dispute, first wife and her son murdered him. He would also submit that all the accused are arrested and they are still in judicial custody. He would submit that that if she is released on bail, she would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner, a detailed investigation is required in this case and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 21.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 21.12.2022