Madras High CourtCRL OP/22633/2021dismissed

Govindaraj v. The State Rep. By

2021-11-30Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22633 of 2021 1 GOVINDARAJ [ PETITIONERS / ACCUSED ] 2 SANTHOSH KUMAR, Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MARANDAHALLI POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO. 368 OF 2021) For Petitioner : M/S. B.SUNDARAPANDIYAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest for the alleged offence under Sections 174 Cr.P.C., altered 304(ii) of IPC in Crime No.368 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that one Duraisamy residing at Valakarapatti lodged a complaint to the respondent police on 16.09.2021 alleging that the petitioners gave heavy doss pain killer to his son namely Karthik. Subsequently he was admitted in Government Hospital, Marandahalli and died. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submitted that the petitioners gave a wrong medicine due to that the Karthik was died and investigation not yet been completed. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the allegations and the nature of the offences involved in this matter and the investigation is in initial stage, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 30/11/2021 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 INSPECTOR OF POLICE, MARANDAHALLI POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. B.SUNDARAPANDIYAN Advocate on payment of necessary charges CRL OP.22633/2021 Date :30/11/2021 RW 07/12/2021 https://hcservices.ecourts.gov.in/hcservices/