RAVI Vs. STATE

JUDGEMENT

(1.) The petitioners, who apprehend arrest at the hands of the respondent police for alleged offence punishable under Sections 147, 294(b), 323, 506 (i) and 302 of I.P.C., in Crime No. 132 of 2020, seek anticipatory bail.

(2.) The case of the prosecution is that, on 10.03.2020, there was a dispute between the de-facto complainant and her husband/A1. The de-facto complainant's brother came to her house for mediation. At that time, the accused persons, including the petitioners assaulted the de-facto complainant's brother and he fell down. The petitioners and other accused ran away from the place of occurrence. The de-facto complainant's brother died due to the injuries caused by the petitioners and other accused. On complaint, a case has been registered against the petitioners under Sections 147, 294(b), 323, 506 (i) and 302 of I.P.C.

(3.) The learned counsel appearing for the petitioners submitted that due to family dispute between the de-facto complainant and her husband/A1, on the date of occurrence, the petitioners went to the house of A1 to pacify the defacto complainant and A1. At that time, the deceased used un-parliamentary words against A1 and the defacto complainant asked the deceased to assault A1, her husband. In order to safeguard from the attack by the deceased, A2 pushed the deceased. The defacto complainant's brother was in drunken mood and he fell down. No one attacked the deceased. Immediately after the incident, the petitioners took the deceased to nearby hospital and on their advice, they have taken him to C.M.C.Hospital, Vellore. The petitioners were not having any intention to murder the defacto complainant's brother. The petitioners are law abiding citizens. A2 to A4 surrendered and subsequently, A2 and A3 were enlarged on bail by this Court. The petitioners went to A1's house as well-wishers like others. The petitioners are nothing to do with the alleged offence. Crl.O.P.Nos.6575 and 12336 of 2020 filed by the petitioners were dismissed as withdrawn on 20.03.2020 and 25.08.2020 respectively. Crl.O.P.Nos.7819 and 9604 of 2020 filed by the petitioners for grant of anticipatory bail were dismissed on 26.05.2020 and 29.06.2020 respectively. After dismissal of Crl.O.P.No.12336 of 2020 on 25.08.2020, A1 surrendered on 11.09.2020 and the Respondent police has taken custody of A1 on 16.09.2020. A1 was enlarged on bail by the order dated 10.11.2020. In view of the above change of circumstances, the learned counsel appearing for the petitioners seeks anticipatory bail. The learned counsel further submitted that the petitioners are working as a Headmaster and Teacher in a school, they will not abscond, they will co-operate with investigation and they are ready to abide any conditions that may be imposed by this Court.