The main legal point established in the judgment is the consideration of evidence, including the post-mortem report and witness statements, in granting bail for serious offences.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge petitioner on bail/accused-6 is arrested on 10.02.2022 by the respondent police in connection with the Crime No.42 of 2022 on the file of the respondent police and pass order.

This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.42 of 2022 pending investigation on the file of the respondent police and pass order.

This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.42 of 2022 pending investigation on the file of the respondent police and pass order.

This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.42 of 2022 pending investigation on the file of the respondent police and pass orders.)

Common Order

1. The petitioner/A6, who were arrested for the offences punishable under Section 120(b), 147, 148, 294 (b), 323, 324, 354, 427, 307, 302 of I.P.C and 3(1) of TNPPDL Act, in Crime No.42 of 2022, on the file of the respondent police, seek bail.

The petitioners/A4 & A5, who were arrested for the offences punishable under Section 120B, 147, 148, 294 (b), 323, 324, 354, 427, 307 and 302 of IPC read with Section 3(1) of TNPP(Pvt of Damages and Loss) Act, 1992 in Crime No.42 of 2022, on the file of the respondent police, seek bail.

The petitioners/A1 & A2, who were arrested for the offences punishable under Section 120B, 147, 148, 294 (b), 323, 324, 354, 427, 307 and 302 of IPC read with Section 3(1) of TNPP (Pvt of Damages and Loss) Act, 1992 in Crime No.42 of 2022, on the file of the respondent police, seek bail.

The petitioner/A3, who were arrested for the offences punishable under Section 120 B, 147, 148, 294 (b), 323, 324, 354, 427, 307 and 302 of I.P.C read with Section 3(1) of TNPP (Pvt of Damages and Loss) Act, 1992 in Crime No.42 of 2022, on the file of the respondent police, seek bail.

2. The petitioners are named accused along with 9 others (un-named) in the case registered on the complaint given by one Bharathi W/o.Mani for alleged offences under Section 120 B, 147, 148, 294(b), 323, 324, 354, 427, 307, and 302 of I.P.C and Section 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

3. The case of the prosecution is that, the deceased Mani and Kamaraj (A-1) had previous enmity regarding money transaction and usage of 10 feet pathway adjacent to the deceased land. On 01/02/2022, at about 11.00 a.m, Raja (A-2), who is the brother of A-1, came to the defacto complainant house and called her husband Mani out. When Mani came out of the house, A-2 told him to accompany him to talk with Kamaraj (A-1) and his son Thilip (A-3) who were waiting nearby. When Mani went to talk with A-1 and his son A-3 about allowing the pathway through his land, A-1 and A-3 started abusing Mani and his wife in filthy language and attacked. A-1 hit him on chest and pushed down. When the defacto complainant went to rescue her husband, she was insulted and her modestly was molested. With the help of one Siva, she took her husband to Government Hospital, Thiruvannamalai and got outpatient treatment and returned home by 2.30 p.m.

4. Fearing that, she has given complaint to police about this incident, the accused 1 to 6 along with 9 others armed with wooden log, iron rod and crowbar came to her house and indiscriminately attacked the deceased. They damaged two wheelers and the car parked at her house. They attacked her second son Gunal and his friends Abimanian, Thamariselvan and Arvind, who came to rescue her husband. They all sustained injuries over their head and shoulder. Mani was rescued from the assailants and taken to the hospital, but the doctor at Thiruvannamalai Hospital said Mani was brought dead.

5. In the complaint, overt act to each one of the named accused and weapon they used been mentioned. Kamaraj (A-1) hi