K.SARAVANAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 21/11/2022 for the alleged offence under Sec. 302 I.P.C. in Crime No.463 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that one Dhanapal, now deceased is the son of defacto complainant and he fell in love with the petitioner's sister and they got married and they are having two children. Due to a family dispute between them, they were living separately. While being so, on 21/11/2022, deceased came to petitioner's house and abused him and his sister in filthy language and beaten her. Hence, there was a wordy quarrel between them, thereby, the petitioner said to have pushed the deceased and assaulted him with stone, due to which, he became unconscious and when he was taken to hospital, the doctor declared him as dead. Hence, the complaint.

(3.) The learned counsel for the petitioner submitted that he has not participated in the crime, in fact, the deceased himself fell down since he was in drunken mood. He would submit that he did not touch the deceased at the time of occurrence and only due to sudden provocation, rather it is not intentionally happened. He would also submit that for the past 2 years, the petitioner's sister was in her parental house, so it is not possible to take RC book of deceased bike. So, it is a created story in the F.I.R. and in fact, when the deceased attacked his sister, the petitioner tried to stop the fight, during the said course, the occurrence happened. He would submit that there is no specific overtact attributed against the petitioner and he has not at all committed any offence as alleged by the respondent police. He would submit that he is no way connected with the occurrence and co-accused was released on bail by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 63 days from 21/11/2022. Hence, he prayed to grant bail to the petitioner.