Vadivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10004 of 2016 VADIVEL ..PETITIONER/ACCUSED No.4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THIRUPPALAIKUDI POLICE STATION, THIRUPPALAIKUDI, RAMANATHAPURAM DISTRICT.

CRIME NO. 49 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S G.VISHNURAM Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.4, who was arrested and remanded to judicial custody on 22.05.2016 for the alleged offences punishable under Sections 174 of Cr.P.C., altered into Section 201 and 302 of IPC, in Crime No.49 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 05.05.2016 the petitioner along with other accused while standing in their village in a drunken mood, the deceased asked the accused persons to give liquor, a wordy quarrel arose, the petitioner and other accused assaulted the deceased and drowned him into the pond. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the wife of the deceased has given a complaint that the deceased is a drunkard and addict to Ganja. He used to quarrel with the defacto complainant and her daughter. On the date of occurrence, a wordy quarrel arose between the petitioner and others and deceased. The deceased attacked the petitioner and his friends. The petitioner assaulted the deceased only as personal defence.

The petitioner is an innocent and he has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) submitted that the petitioner along with other accused in a drunken mood assaulted the deceased and drowned him into the pond and committed an offence. Investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the serious nature of allegations and the manner in which, the occurrence took place, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed. sd/- 23/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THIRUPPALAIKUDI POLICE STATION, THIRUPPALAIKUDI, RAMANATHAPURAM DISTRICT.

2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER-IN-CHARGE, DISTRICT PRISON, RAMANATHAPURAM. +1. CC to M/S G.VISHNURAM Advocate SR.No.32642 ORDER IN CRL OP(MD) No.10004 of 2016 Date :23/06/2016 PBK/GSV-PM/SAR-I 28/06/2016 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/