SIVALINGAM Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 1/3/2023, for the offences punishable under Ss. 460, 392 and 302 IPC, in Crime No.99 of 2022, seeks bail.

(2.) Based on the complaint given by the de-facto complainant/ Sellakutty that on 12/9/2022, his mother named Deivanai, aged about 75 years, was found lying dead in the backside of his house, a case in Crime No.99 of 2022 was came to be registered under Sec. 174 Cr.P.C. Later, during the course of investigation, it came to light that the accused/petitioner had committed murder of the victim and had robbed ear stud and nose pin from her and escaped from the scene of occurrence, thereby, the case has been altered to one under Ss. 460, 392 and 302 of IPC. During investigation, the petitioner was arrested on 1/3/2023 and confession statement was also recorded from him. Based on the confession statement recorded from the petitioner/accused, ear stud and nose pin of the victim were recovered from the house of the petitioner/accused. Hence the case.

(3.) Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner before this Court and this Court had dismissed the earlier bail application filed in Crl.O.P.No.13235 of 2023 dtd. 14/6/2023. He further submitted that the occurrence is stated to have been taken place on 12/9/2022, whereas, the petitioner was arrested only after 6 months on 1/3/2023. He also submitted that other than the alleged confession statement recorded from the petitioner, based on which, the robbed jewels were stated to have been recovered from the house of the petitioner, no other materials are available against the petitioner to implicate him in the offence of murder. He also submitted that the statement of the witnesses, who are the neighbours of the deceased stated to have seen the petitioner prior to the occurrence, were recorded only after the arrest of the petitioner/accused, thereby, creating a doubt with regard to the case of the prosecution. He also submitted that there is no previous case pending as against the petitioner and he is in custody from 1/3/2023.