LAWS(MAD)-2022-10-66

GANDHI Vs. STATE

Decided On October 14, 2022
GANDHI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 20/9/2022 for the offences punishable under Sec. 302 of IPC in Crime No.149 of 2022 on the file of the Respondent Police, seeks bail.

(2.) The case of the Prosecution as per the de-facto complainant/wife of the deceased is that on account of the land dispute, the petitioner had committed murder of the de-facto complainant's husband. Hence, the case.

(3.) The learned Counsel appearing for the petitioner would submit that it is a case and a case in counter. He would further submit that the husband of the de-facto complainant/Subramani was the aggressor who had come to the place of the petitioner and had assaulted one Venkatesan and his wife, Vendamirtham with knife and when it was prevented by the petitioner and his wife, the said Subramani has also assaulted them and due to which, the Vendamirtham died on the spot and all others were sustained injuries and they were admitted in the hospital, for which a case in Crime No.148 of 2022 was registered for the offence under Ss. 307 and 302 IPC. He would further submit that during the occurrence, as a right of private defence, the petitioner has also attacked the the husband of the de-facto complainant, due to which, he also died. He would further submit that since, the petitioner was admitted in the hospital, he was arrested only on 20/9/2022 after his discharge. He would further submit that the incident had happened at the spur of the moment and the petitioner has no intention or motive to commit murder of the victim and during the fight, the petitioner has attacked the de-facto complainant's husband only as a private defence. He would also state that the petitioner is still undergoing treatment and there is no bad antecedents on the petitioner and hence, he prays for grant of bail to the petitioner.