KOWSE AZAM BASHA Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 12/1/2023 for the alleged offences under Sec. 147, 302, 120(b), 201, 364 r/w 109, 34 I.P.C. in Crime No.572 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the defacto complainant's father Mr.D.Masthan, aged about 66 years, was appointed by the State Government as the Vice-Chairman of Tamil Nadu State Minorities. The petitioner is the younger brother of deceased. The petitioner's son-in-law A1, who had received a sum of Rs.15.00 lakhs from the deceased and he did not repay the amount. However, due to a property dispute as well as money dispute, on 21/12/2022 at about 10.30 p.m. when the deceased went to Chengalpattu along with Mr.Imran Basha (A1), who was driving the car and two other accused, while crossing Chengalpattu tollgate, at that time, A1's friends get into a car and they have closed the nose of deceased with a dowel, thereby he died due to shortness of breadth. Thereafter, he was taken to a hospital and the doctors stated that he brought dead. Accordingly, the complaint was registered against the petitioner.

(3.) The learned counsel for the petitioner submitted that the petitioner is ranked as A6 and brother of deceased falsely implicated this petitioner as accused in this case. He would submit that there is no property dispute between the petitioner and his brother and all are family members. He would submit that only based on suspicion ground, the defacto complainant gave a complaint under Sec.174 of Cr.P.C. and subsequently, it was altered into Sec.302 of I.P.C. He would submit that he is an innocent person and he has not at all committed any offence as alleged by the respondent police and he is no way connected with the said occurrence. He would submit that there is no role of the petitioner in the alleged offence and he has been falsely implicated as accused in this case and other co-accused was granted bail. He would further submit that the Apex Court by an order dtd. 15/5/2023 in S.L.P.No. 5831-5832 of 2023 granted liberty to the accused, who are involved in this case to apply for bail after six months before this Court. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 12/1/2023 and this is the third petition seeking for bail. Hence, he prayed to grant bail to the petitioner.