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Madras High CourtCRL OP/20596/2022dismissed

Sreehari v. State Rep By

2022-08-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.20596 of 2022 Crl.O.P.No.20596 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 14.07.2022 for the offences punishable under Sections 294(b), 341, 324, 307 of IPC altered into Sections 294(b), 341, 324, 307, 302 IPC in Crime No.303 of 2022, seeks bail.

2. The case of the prosecution is that there are totally two accused in this case and both are brothers. It is alleged that one Manikandan, who is the brother of the petitioners and the deceased was doing business. While so, there was a dispute with regard to settling the commission. On the date of occurrence, the accused called the deceased and both went to the occurrence place. At that time, the petitioner caught hold the deceased and thereby A1 attacked the deceased with knife. Thereafter, the deceased was admitted in a private hospital and on the next day, the decased died in the hospital.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and a false case has been lodged against the petitioner. Hence, he prayed for grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.20596 of 2022 G.K.ILANTHIRAIYAN, J.

mpl

4. The learned Additional Public Prosecutor submitted that the specific overt act against the petitioner is that the petitioner caught hold the deceased and A1 had attacked the deceased with knife. Hence, he opposed for grant of bail to the petitioner.

5. Considering the gravity of the offence committed by the petitioner and further this is the second bail petition and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original petition is dismissed. 29.08.2022 mpl Crl.O.P.No.20596 of 2022 https://www.mhc.tn.gov.in/judis