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Madras High CourtCRL OP/16919/2023dismissed

A.Suresh Kumar v. State By

2023-07-28Honourable Mr Justice G. Chandrasekharan2 pages

Crl.O.P.No.16919 of 2023 Crl.O.P.No.16919 of 2023 G.CHANDRASEKHARAN, J.

The petitioner, who was arrested and remanded to judicial custody on 22.05.2023 for the offences punishable under Sections 324 of IPC @ 302 of IPC @ 302 & 201 of IPC in Crime No.218 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in Crime No.218 of 2023 for the offences under Sections 324 of IPC @ 302 of IPC @ 302 & 201 of IPC. He further submitted that deceased is the elder brother of the petitioner and he is falsely implicated in this case. Petitioner is in judicial custody from 22.05.2023. Thus, he prays for grant of bail.

3. In response, learned Additional Public Prosecutor submitted that deceased and the petitioner are brothers. There is a property dispute between them. Therefore, on the date of occurrence, on 12.05.2023, petitioner had given the deceased a liquor. The de-facto complainant after consuming the liquor fell down unconsciously. Taking advantage of this fact, the petitioner https://www.mhc.tn.gov.in/judis

Crl.O.P.No.16919 of 2023 G.CHANDRASEKHARAN, J.

mpl hit him with wooden log on his head and caused injuries. Subsequently, he died of the injuries suffered. Investigation in this case is not completed.

4. Considering the nature of the allegations made against the petitioner, manner of death of the de-facto complainant/deceased and that investigation is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed.

28.07.2023 mpl Crl.O.P.No.16919 of 2023 https://www.mhc.tn.gov.in/judis