Madras High CourtCRL OP/9159/2021dismissed

M.Raj@Raji v. State Of Tamil Nadu Rep. By Its

2021-06-14Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.9159 of 2021 1 M.RAJ @ RAJI [ PETITIONERS / ACCUSED ] 2 T.BAKKIARAJ Vs STATE OF TAMIL NADU REP. BY [ RESPONDENT ] ITS, INSPECTOR OF POLICE, POOMPUHAR POLICE STATION, NAGAPATTINAM DISTRICT.

(CRIME NO. 48 OF 2021) For Petitioner : M/S. SHAIKH MEHRUNNISA KASIM Advocate For Respondent : MR. S.SUGENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- This petitioners, who were arrested and remanded to judicial custody on 20.02.2021 for the alleged offence punishable under Sections 294(b) and 302 IPC in Crime No.48 of 2021, seek bail. Case of the prosecution is that, there was a wordy quarrel between the petitioners and the deceased, in which the petitioners banged the head of the deceased. The deceased sustained severe head injuries which succumbed to death.

The learned counsel appearing for the petitioners would submit that in order to protect themselves only, the petitioners on provocation, pushed the deceased on wall. Hence, he prays for bail. The learned Government Advocate (Crl.Side) would submit that investigation is still pending and awaiting for chemical analysis report.

Heard both sides.

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Considering the serious nature of offence, this Court is not inclined to grant bail to the petitioners and this petition is dismissed. However, since charge sheet/Final Report is not filed within 90 days, the petitioners are entitled to statutory bail under Section 167(2) Cr.P.C. and hence they are at liberty to approach the Court below concerned seeking statutory bail. The Court below concerned is directed to consider the petition on the same day, if any, to be filed by the petitioners seeking bail. -sd/- 14/06/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THARANGAMPADI(THIRUCHAMPALLI) 2 INSPECTOR OF POLICE, POOMPUHAR POLICE STATION, NAGAPATTINAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE OFFICER INCHARGE, DISTRICT PRISON, NAGAPATTINAM CC to M/S. SHAIKH MEHRUNNISA KASIM Advocate on payment of necessary charges CRL OP.9159/2021 Date :14/06/2021 RVR 15/06/2021 https://hcservices.ecourts.gov.in/hcservices/