V.Soosai And Others vs Inspector Of Police

G.Ilangovan, J

The petitioners/Accused herein, who were arrested on 15.06.2023 for the alleged offence under Sections 294(b), 302 IPC, in Crime No.200 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution as per the prosecution is that, due to property dispute, on 14.06.2023 at about 02.30p.m., the accused persons abused the deceased with filthy language, assaulted with wooden stick and pushed him, sustained injuries, he died at the spot. Hence, the case was registered based on the complaint of the defacto complainant/deceased’s wife.

3.The learned counsel for the petitioners would submit that the petitioners are innocents, they were falsely roped into the case, based on the property dispute. Since the deceased also suffered from heart ailment, he died. They are in custody from 15.06.2023. Hence, prays to release them on bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the accused persons had murdered the husband of the defacto complainant. Considering the nature of offence, prays to dismiss the petition.

5.Perusal of Post Mortem Certificate of deceased reveals that there was no external injury and there is no motive between the deceased and the petitioners to commit the offence of murder.

6.Considering the above facts and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, these Criminal Original Petitions are allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ilayangudi, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.