CHITHIRAIPUTHIRAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner/A7, who was arrested and remanded to judicial custody on 7/11/2023 for the alleged offences punishable under Ss. 147, 363, 368, 302, 120(B) and 109 of IPC in Crime No.359 of 2023, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the deceased and one Sappanimuthu are known to each other and on the instructions given by Sappanimuthu the deceased gave his bank account number to the accused and they told him that they would commission and thereby the accused persons transferred the amount of Rs.49,95,000.00 to the account of the deceased and subsequently the amount was given by the deceased to the accused persons. But inorder to grab the money the accused continuously harassed the deceased stating that he will not pay the amount to them. Further on 12/7/2020 all the accused persons kidnapped the deceased to an isolated places and threatened the defacto complainant who is the wife of the deceased to give all the jewels to redeem her husband and she also did the same. But the accused persons indiscriminately attacked the deceased and caused serious injuries all over the body, due to which he was admitted in the hospital and since there is no improvement he was brought to home, where he died. Further after three years the present case came to be registered. Hence the case.

(3.) The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is not connected with the transaction between the deceased and the other accused and he also never participated in the transaction. He would further submit that there is no motive as against the deceased. Further the alleged occurrence took place on 12/7/2020 and he was admitted in the hospital on 15/7/2020 and discharged on 17/7/2020 and thereafter he died on 12/8/2020. He would further submit that cremation was done without conducting post mortem and the prosecution has not filed any materials for the case of the death of the deceased. He would further submit that the petitioner is in custody from 7/11/2023, hence he seeks bail.