Praveenkumar v. State, Rep. By The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA PRAVEENKUMAR S/O.MURUGAN, NO.10-A, PACHAMUTHU SCHOOL BACKSIDE, SALEM MAIN ROAD, DHARMAPURI DISTRICT.
PETITIONER(S) Vs STATE, REP. BY THE THE INSPECTOR OF POLICE, ADHIYAMANKOTTAI POLICE STATION, DHARMAPURI DISTRICT. CRIME NO.212 OF 2024 RESPONDENT(S) For Petitioner(s):
V.SAKKARAPANI J.THILAGAVATHY For Respondent(s):
LEONARD ARUL JOSEPH SELVAM GOVERNMENT ADVOCATE (CRIMINAL SIDE)
O R D E R
Petition seeking bail in respect of Crime No.212 of 2024 registered for the offences punishable under Sections 103 & 238 of BNS, is on board for consideration.
1/4
2. The incarceration of the petitioner being from 28.09.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that this is the second application for bail filed by the petitioner before this Court and his first bail application in Crl.O.P.No.28782 of 2024 was dismissed on 19.11.2024. He further submits that even as per the prosecution, the petitioner was not present at the place where the murder was committed, however, the petitioner was arrested only based on the confession statement recorded from the other accused. He also submits that there is no eye witness to the occurrence and major part of the investigation is over, however, the petitioner is still in custody. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that it is a case of double murder, in which, the present case came to be registered under Sections 103 and 238 of BNS on 24.09.2024, based on the complaint given by the Village Administrative Officer of Balajangamanahalli Village, Palladam, that within his jurisdiction, an unidentified male and female 2/4
corpses were found at the proposed SIPCOT land with multiple cut and stab injuries. Later, during the course of investigation, it came to light that the accused had a dispute with the deceased/victims on account of financial dealings and since the deceased had refused to give his Crypto currency account details, the accused had kidnapped the victims from their house and brutally murdered them at Theni district and in order to screen the offence thrown the body of the deceased in Dharmapuri District. He further submits that the specific overt act against the petitioner is that he is the person who had instructed the other accused to commit the offence.
4. The learned Government Advocate (Crl.Side) further submits that the case has now been transferred to the file of the Inspector of Police, Theni Police Station and re-numbered as Crime No.507 of 2024 on 15.12.2024 and the investigation is pending. Therefore, if the petitioner is released on bail at this stage, there is every possibility of him absconding and tampering the evidence.
5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the nature of allegation and the fact that the case has now recently transferred to the file of the Theni Police Station 3/4
from the respondent, this court is not inclined to grant bail to the petitioner. A.D.JAGADISH CHANDIRA.,J.
ham
6. Accordingly, the Criminal Original Petition stands dismissed. 16-12-2024 ham To
1. STATE, REP. BY THE THE INSPECTOR OF POLICE, ADHIYAMANKOTTAI POLICE STATION, DHARMAPURI DISTRICT.
CRIME NO.212 OF 2024 4/4