The severity of allegations, absence of injuries, and change of regime were key factors in determining the necessity of further incarceration or custodial interrogation.

JUDGMENT

(Prayer: The Criminal Original Petition is filed under Section 439 of Code of Criminal Procedure, to enlarge the Petitioner/Accused on bail pending investigation in Crime No.49 of 2022 on the file of the respondent.)

1. The Criminal Original Petition has been filed seeking to enlarge the Petitioner/Accused on bail pending investigation in Crime No.49 of 2022 on the file of the respondent.

2. The case of the prosecution is as under:-

(i) During the year 1993, the de facto complainant, his father and his brothers viz., Saravanan and Naveeen Kumar, the first accused in this case started a business viz., Aswan Fishnet and during the year 1996 the de facto complainant had purchased 8-3/4 grounds of land in Thuraipakkam and permitted the Partnership Firm to run the said business on rental basis.

(ii) During the year 2012, the de facto complainant’s father and another brother Saravanan quit from the business and that the de facto complainant and first accused-Naveenkumar continued the business as a Partnership Firm.

(iii) Whileso, during the year 2016, the second accused became the Minister for Fisheries and intended to start a Fishnet Manufacturing Company on behalf of his son-in-law and thereby, in order to close down the business and to develop the business of his son-in-law, he had instigated his son-in-law and thereby, on 10.8.2016, the first accused and his henchmen, on the instigation of A2, who was the Minister, entered into the factory premises armed with weapons and threatened the de facto complainant to get away from the factory premises and they had disconnected the electricity connection and locked the company. When the de facto complainant had questioned the same, they had threatened him by saying that it had been done on the behest of the Minister and he cannot do anything and they have taken all the files and materials from the factory. The petitioner had attempted to take action, however, the petitioner, who was the Minister by then, had intervened and thereby the officials did not take any action.

(iv) Whileso, on 3rd June 2020, the de facto complainant, alongwith his wife and mother-in-law, had gone to the place at Thuraipakkam and the first accused, alongwith his wife, who is the daughter of the Minister, had threatened the de facto complainant and his family members to get away from the premises.

(v) Coming to know about the incident, the Assistant Commissioner of Police and Inspector of Police, Thuraipakkam had arrived at the place and when the de facto complainant had informed them that he had documents to prove that he is the owner of the property the police officials had advised them that it was pandemic time and asked him lodge the complaint on the next day. Accordingly, on the next day, when the complaint was given, due to the intervention of the first accused Naveenkumar, no action was taken.

(vi) The further allegation is that the first accused also picked up a quarrel with the father of the de facto complainant during the occurrence that had taken place in the year 2016 and pushed him, due to which, he fell down and sustained injury and later on, he passed away in the year 2020.

(vii) Fearing about the father-in-law of the first accused, the de facto complainant had not given any complaint to the authority earlier and he had given the complaint to the respondent on 7.6.2021, based on which, FIR was registered on 24.2.2022.

(viii) After the complaint, the first accused had filed a writ petition not to harass and thereby notice under Section 41A was issued to the first accused and after enquiry, FIR came to be registered in Crime No.49 of 2022 for offences punishable under Sections 109, 120(b), 447, 326, 397 and 506(2) IPC and the petitioner was arrested on 28.2.2022.

3. Mr.Sanjay R.Hegde, learned Senior Counsel appearing for the petitioner would submit that a family dispute between the brothers has been escalated and thereby a civil dispute has been given a colour as criminal