Muthukumaran v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13345 of 2022 MUTHUKUMARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, MANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.
CRIME NO.73 OF 2022.
For Petitioner : M/S.E.SATHIYARAJ Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 30.04.2022 for the offences punishable under Sections 294 (b) & 302 of IPC in crime No.73 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased had two sons i.e. the defacto complainant and the petitioner. Since they had three acres of ancestral property, each had one acre. Thereafter, the petitioner asked the share of the deceased also. Further, the wife of the deceased made a quarrel with the deceased with regarding to sharing of family debt of Rs.5 lakhs and she went to the house of the A1 and stayed there. The deceased frequently requested his wife to return to his house, but she did not agree. While being so, on 29.04.2022 at about 7.30 p.m., the petitioner made a quarrel with the deceased. At that time, the petitioner attacked the deceased by using iron rod, due to which the deceased got grievous injuries and died. Hence, the case.
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3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that due to the property dispute, the petitioner attacked the deceased with iron road, thereby he sustained grievous injuries on his head and died on the spot. Hence, he vehemently opposed to grant bail to the petitioner.
5. It is seen that the petitioner is the son of the deceased and due to property dispute, he killed his own father by attacking him with iron rod. Therefore, the deceased sustained grievous injuries on his head and died on the spot. The petitioner is being son, that too for property, he killed his own father. Therefore, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, the criminal original petition is dismissed. -sd/- 09/06/2022 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 SUB INSPECTOR OF POLICE, MANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges CRL OP.13345/2022 Date :09/06/2022 JPA 16/06/2022 https://hcservices.ecourts.gov.in/hcservices/