Madras High CourtCRL OP/22562/2021dismissed

Jayapal v. State By

2021-11-29Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22562 of 2021 JAYAPAL [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE, KALAMBUR POLICE STATION, CRIME NO.884 OF 2021.

For Petitioner : M/S.KANIMOZHI SUNDAR Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 02.11.2021 for the offences under Section 304(2) of IPC, in Crime No.884 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.11.2021 at about 8.30 p.m, while the deceased was crossing the land of the petitioner, fell down from the Varappu and got into the electric wire fixed in the land of the petitioner to kill rats and died on the spot. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that the occurrence had happened on 01.11.2021 and due to heavy rain and wind, some of the electric wires got damaged due to which, the https://hcservices.ecourts.gov.in/hcservices/

electricity might have passed trough his land. Other than that, the petitioner had not fixed any electric wires in his land as stated by the prosecution. He would further submit that the petitioner has been suffering incarceration for more than 25 days from 02.11.2021 and hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would raise strong stating that the post-mortem report is awaited and that the investigation has not been completed.

5. On seeing the nature of the offence and that the post-mortem report is still awaited and the investigation has not been completed, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petitioner is dismissed. -sd/- 29/11/2021 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 SUB-INSPECTOR OF POLICE, KALAMBUR POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.

+1 CC to M/S.KANIMOZHI SUNDAR Advocate on payment of necessary charges SR.NO.13663 CRL OP.22562/2021 Date :29/11/2021 RW 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/