Kathirvel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8240 of 2021 Kathirvel ... Petitioner/Sole Accused Vs The State by The Inspector of Police Ayakudi Police Station Dindigul District. ... Respondent/Complainant (Crime No.211 of 2021) For Petitioner : Mr.Venkatesh.D., Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.211 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 24.05.2021 for the offences punishable under Sections 294(b), 302 and 506(i) of IPC in Crime No.211 of 2021 on the file of the respondent police, seeks bail.

2. The deceased and the petitioner are cousin brother. The case of the prosecution is that there was some dispute between the petitioner and the deceased with regard to the drainage channel. On 24.05.2021 at about 07.15 a.m., when the petitioner was standing outside her house the deceased asked why they did not remove the stone from the place on the drainage. Then there ensued a scuffle. The petitioner by placing his hand on the neck of the deceased and pushed him down, as a result the deceased fell flat and suffered injuries and later he was dead. Therefore the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this https://hcservices.ecourts.gov.in/hcservices/

case as accused and it was just fist fight, in which the deceased fell down and died. He would further submit that the petitioner is in judicial custody from 24.05.2021, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the case was registered only on 24.05.2021 and the investigation is at the nascent stage.

5. It is a fist fight which resulted in the death of the deceased. The fact remains that the case was registered only on 24.05.2021 and the investigation is at the nascent stage, hence this Court is not inclined to grant bail to the petitioner at this stage.

6. In the result, the petition stands dismissed. Sd/- 24/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION DINDIGUL DISTRICT.

2. THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8240 of 2021 Date : 24/06/2021 https://hcservices.ecourts.gov.in/hcservices/ VB/MNR/SAR.II/29.06.2021/2P/4C