GOPI Vs. STATE REP

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 09. 03. 2020 for the offence punishable under Section 147 , 148 , 341 , 302 and 201 of IPC in Crime No. 44 of 2020 on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that on 01. 03. 2020 at about 7. 00 a. m, there was quarrel between the deceased Senthilraj and his brother Saravanan/A1 in relation to partition of their family property at Gezhakombai. In continuation of quarrel, at about 8. 00 a. m. , four persons hired by Saravanan/A1 attacked the deceased Senthilraj on his head and face with stones and caused injuries. Thereafter, the said Saravanan/A1 and his wife Ramya/A2 took Senthilraj to Maruthi Medical Centre. Since the Doctor was not available there, they took him to Bharathi Medical Centre at Namakkal. Later he died on 03. 03. 2020. The body was kept for last rites. At that time frost and blood was ozing out from the mouth and nose. The said Saravanan/A1 and his wife/A2 were giving contradictory reasons. Doubts arouse on the death of the Senthilraj. Hence, the complaint.

(3.) The learned counsel appearing for the petitioners submitted that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. The allegation against 1st petitioner is that he acted as driver and drove the vehicle of Saravanan/A1 before and after the incident and the allegation against 2nd petitioner is that he is the friend of 1st petitioner and he used stone and attacked the deceased Senthilraj on his head. He further submitted that there are totally 9 accused in this case and these petitioners were added as accused subsequently without any material. The petitioners are in judicial custody from 09. 03. 2020. Co-accused were granted bail by this Court. Hence, the petitioners sought for grant of bail.