PARATAI Vs. STATE

JUDGEMENT

(1.) The petitioner/A5, who was arrested and remanded to judicial custody, on 07/08/2022 for the offences punishable under Sec. 147, 148, 341, 294(b), 324, 307, 302, 506(ii) @ 147, 148, 341, 294(b), 307, 302, 506(ii), 120(b), 326 IPC r/w 34 IPC, in Crime No.478 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution in brief:- The de-facto complainant is working as Parotta Master in Raja Hotel owned by Karuppasamy. One Ponsentilkumar was working as Cashier. In the above said hotel, one Karguvel and his brother Dinesh Kumar used to take food without paying money. On 04/08/2022 at about 10.30 pm, the above said Karguvel and Dinesh Kumar after eating food tried to leave the hotel without paying money. When that was questioned by Karuppasamy, they refused and Karuppasamy was also criminally intimidated. On 05/08/2022, when they were working in the hotel, the above said Karguvel along with two persons came in a bike. Dinesh Kumar also came in another bike with two persons. At about 11.45 pm, the accused persons assaulted Karuppusamy with aruval. When neighbours intervened, they were also attacked. On seeing the above said assault, the de-facto complainant and Ponsenthilkumar and the owner of the hotel tried to escape from that place in the bike, they were chased by the accused Dinesh Kumar and caused assault with aruval. Ponsenthilkumar was also assaulted. In the above said attack, Ponsenthilkumar died on the spot. Palanimurugan and Samuel also sustained injuries. On the basis of the complaint, a case in Crime No.478 of 2022 was registered for the offences under Sec. 147, 148, 341, 294(b), 324, 307, 302, 506(ii).

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is arrayed as A5 in S.C.No.43 of 2023 in Crime No.478 of 2022. He would further submit that the petitioner is in custody from 7/8/2022, hence he seek bail.