Abenesh v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 15.08.2022 for the alleged offence under Section 302, 380 I.P.C. in Crime No.462 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 05.08.2022 at 11.30 p.m., the defacto complainant was informed by his mother's neighbour that his mother was on bed with tying her hand and legs and immediately he went there and saw his mother, who was died with tying her hands and legs and her jewels worth about 3 sovereign chain, half sovereign ring and Rs.35000/- cash were stolen away. Hence, the complaint.

3. The learned counsel appearing for petitioner submitted that his name was not found in the F.I.R. and he is a Diploma holder and he is working in Bangalore. He would submit that he is no way connected with

the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he 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 15.08.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 3 accused involved in this case and the petitioner is arrayed as A1. On the date of alleged occurrence, the petitioner's age old mother was murdered. He would submit that all other accused were arrested and they are still in judicial custody and there are two previous cases pending against the petitioner including Sec.307 I.P.C. case. He would submit that that if he is released on bail, he 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