MATHIVANAN Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 9/11/2022 for the alleged offence under Sec. 174 of Cr.P.C. and subsequently altered into Sec.302 I.P.C. in Crime No.300 of 2022 on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that the 1st petitioner is the father and 2nd petitioner is brother of deceased. Since the victim caused ruckus in house after consuming alcohol, these petitioners strangulated the victim using nylon rope, due to which, he died. Initially, the case was registered under Sec.174 Cr.P.C. and during investigation, it came to light that these petitioners murdered the deceased and thereafter, the sec. was altered into Sec.302 I.P.C. Hence, the complaint.

(3.) The learned counsel for the petitioners submitted that on the date of occurrence, the deceased came in an inebriated condition and picked quarrel with the family members, thereby there was a quarrel, due to which, deceased attacked her badly, which was questioned by the petitioners. He would submit that on the next day, they went to their respective work and after hearing the suspicious death of deceased, the petitioners went to the spot, but the respondent police without hearing their submissions, arrested them. He would submit that they have not at all committed any offence as alleged by the respondent police and they are no way connected with the offence. He would submit that they have been falsely implicated in this case for statistical purpose. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 36 days from 9/11/2022. Hence, he prayed to grant bail to the petitioners.