Ethiraj v. The State Rep By

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 06.09.2024, seeking bail in Crime No.292 of 2024, registered for the offence punishable under Sections 126(2), 191(2), 191(3), 296(b), 103(1), 351(3) of BNS, Act.

2. The case of the prosecution is that due to a land dispute and previous enmity, the petitioners have assaulted the defacto complainant's husband with a knife and stone, causing severe injuries, he was admitted to the hospital, and later died. It is further alleged that A3's husband was murdered by the deceased in the year 2020, and in revenge, the petitioners murdered the deceased. 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 they have been arrested on suspicion, and are in

judicial custody for more than 55 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 A3's husband was murdered by the deceased in the year 2020, and on the date of alleged occurrence, in order to take revenge, the petitioners murdered the deceased. He further submits that the petitioner has no previous case pending against him and 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. 25.10.2024 drl P.DHANABAL, J.

drl 25.10.2024