Nirmala v. State Rep By

Crl.O.P.No.16334 of 2023 Crl.O.P.No.16334 of 2023 G.CHANDRASEKHARAN, J.

The petitioner, who was arrested and remanded to judicial custody on 28.06.2023 for the offences punishable under Sections 304(ii) of IPC in Crime No.542 of 2023 on the file of the respondent police, seeks bail.

2. It is the submission of the learned counsel for the petitioner that, the allegation that petitioner had pushed the deceased and was responsible for his death is not correct. Petitioner is in judicial custody from 28.06.2023. Thus, he prays for grant of bail.

3. In response, learned Additional Public Prosecutor submitted that there is a dispute between the deceased's family and the accused family with regard to a business. On 28.06.2023, at about 7.45 a.m., de-facto complainant found that drumstick tree had fallen and therefore, de-facto complainant and her husband decided to put a fencing. On seeing that, petitioner had scolded the de-facto complainant's husband/deceased in filthy language and pushed him down. As a result, he suffered head injuries and then, he died. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.16334 of 2023 G.CHANDRASEKHARAN, J.

mpl

4. Considering the said allegations and that FIR was registered only on 28.06.2023 and the investigation is at preliminary stage, this court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed.

24.07.2023 mpl Crl.O.P.No.16334 of 2023 https://www.mhc.tn.gov.in/judis