S.JEEVA Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 26/6/2023 for the offences punishable under Ss. 294(b), 324 and 506(ii) IPC @ 120-B, 294(b), 307 and 506(ii) IPC in Crime No.318 of 2023 on the file of the respondent police, seeks bail.

(2.) The learned counsel for the petitioner submitted that, petitioner is implicated as an accused in Crime No.318 of 2023 for the offences under Ss. 294(b), 324 and 506(ii) IPC @ 120-B, 294(b), 307 and 506(ii) IPC. Defacto complainant and his son visited the shop of the accused and demanded them to vacate. It is alleged that, at that time, petitioner has assaulted the defacto complainant. Petitioner is innocent. Thus, he prays for grant of bail.

(3.) In reply, the learned Additional Public Prosecutor, opposes this petition, on the ground that, the accused are the sub-tenants of Margabandu for the property of defacto complainants father. There is a dispute between them, in connection with vacating the premises by the accused. On 10/6/2023, at about 9.00 a.m., defacto complainant and his sister's brother namely Hari Prasath visited the shop. Selvamoorthy's son Jeeva and daughter Keerthi were there. When the defacto complainant informed them, about the undertaking given for vacating the premises, they responded, saying that, they will not vacate the shop. They waited there for 1 ' hours for the arrival of Selvamoorthy. Then Keerthi threw a chair at them asking them not to sit there. Thereafter, defacto complainant and Hari Prasath sat on the ground. Keerthi kicked them. There was a heated argument between them. Suddently, Jeeva and Udhaya came with a knife used for peeling coconuts and Jeeva stabbed on his left head. Udhaya tried to stab him. As a result, he suffered the following injuries, '(i) Sutured wound 4x1 cm left parietal region, (ii) 3x1 cm left temporal region and (iii) 3x1 cm left clavicular region."