MUTHUPANDI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 3/10/2022 for the offence under Ss. 294(b), 323, 324, 341, 302 and 506(ii) I.P.C., in Crime No.416 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that there was previous enmity between the deceased group and the accused over non-return of mobile phone of one Gowtham and consequently, on 2/10/2022 at about 11.30 p.m. when the defacto complainant and the deceased were coming near Thirumazhisai Ettiyathamman temple, the mother of accused had asked the deceased to return phone of her son, for which the deceased abused mother of accused and subsequently on the same day, when the defacto complainant, the deceased and another friend were coming near Ettiyathamman temple, the petitioner and other accused waylaid the deceased, abused him and also pushed him down and assaulted over the head of deceased with stone, in which he sustained serious head injury and died on the spot. Hence, the complaint.

(3.) The learned counsel for the petitioner submitted that he is no way connected with the offence and further, the petitioner is brother of Gowtham (1st accused). He would submit that already there was some dispute between the deceased and 1st accused, thereby the petitioner being brother of A1, tried to compromise the wordy quarrel in the occurrence place. He would submit that he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 76 days from 3/10/2022. Hence, he prayed to grant bail to the petitioner.