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Madras High CourtCRL OP/12506/2016ordered

Kathir@Kathiresan v. State Rep.By

2016-06-23Honourable Mr Justice G. Chockalingam2 pages

Crl.O.P.No.12506 of 2016 G.CHOCKALINGAM , J.

The petitioner, who is arrayed as an accused, was arrested and remanded to judicial custody on 31.03.2016 for an alleged offence punishable under Section 174 Cr.P.C. and subsequently altered into Section 302 of IPC in Crime No.142 of 2016 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused and the deceased went to a well for taking bath. At that time, the petitioner pushed the deceased into the well, in which, the deceased fell down and sustained head injuries and died on the spot. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated as an accused in the present case and he has been in judicial custody for more than 84 days.

4.Per contra, learned Government Advocate [Criminal Side] appearing for the respondent would submit that the petitioner along with other accused joined together pushed the deceased into the well and caused his death. It is further submitted that major part of the investigation is over and the petitioner has no bad antecedents.

G.CHOCKALINGAM , J.

sri 5.Considering the fact that the petitioner is in judicial custody from 31.03.2016 and major part of the investigation is over and he has no bad antecedents, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate-cumDistrict Munsif Court, Pallipet and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. 23.06.2016 sri Crl.O.P.No.12506 of 2016