TAMIL Vs. STATE

JUDGEMENT

(1.) The respondent police registered a case in Cr.No.8 of 2019 against these appellants/accused for the offence under Sec. 302 IPC and Sec. 3(2)(VA) of SC/ST Act. After investigation, the respondent police filed a charge sheet against these appellants. The appellants were arrested and remanded to judicial custody from 17/1/2019. The appellants have filed a petition for granting bail before the learned Principal Sessions Judge, Salem in CMP. No. 1168 of 2019. After hearing both sides, the learned Judge dismissed the petition. Challenging the said order dtd. 16/4/2019, the appellants has preferred the present revision before this Court.

(2.) The learned counsel for the appellants would submit that the alleged occurrence had taken place on 17/1/2019 and investigation has been completed and charge sheet has also been filed. The appellants were in judicial custody for more than 90 days. Therefore, the custodial interrogation is not at all necessary in this case. The appellants have not committed any offence and false case has been foisted against them. Hence, the learned counsel prays to set aside the order passed by the learned Principal Sessions Judge.

(3.) Per contra, the learned Government Advocate (Crl. side) has strongly objected the contention raised by the learned counsel for the appellants. The investigation has been completed and charge sheet has also been filed. The alleged offences are serious in nature. If the appellants released on bail, there is possibility for absconding and the trial would be protracted. The learned Principal Sessions Judge rightly dismissed the petition filed by the accused, which does not warrants any interference of this Court.