Jayabalan v. The Inspector Of Police

CRL OP(MD). No.10553 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10553 of 2022

1. Jayabalan

2. Vettridhasan

3. Kannadhasan ... Petitioners/Accused No.1 to 3 Vs The State rep.by The Inspector of Police, Fort ( L and O) Police Station, Trichy.

Crime.No.646 of 2022.

... Respondent/Complainant For Petitioners: M/s.PORKODI KARUNAKARAN.G, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.646 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A3 herein, who were arrested on 24.04.2022 for the alleged offence under Sections 174(3) of Cr.P.C @ 304(2) of IPC, in Crime No.646 of 2022o on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant is the brother of the deceased. On 23.04.2022, at about 11.30 p.m, there was wordy quarrel between the petitioners and the defacto complainant's brother and the petitioners pushed down the brother of the defacto complainant and also attacked him with hands. Thereafter, the petitioners ran away from the place of occurrence. The defacto complainant taken by his brother to the Government Hospital, Trichy. But, he died. Hence the complaint. 3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor has produced the postmortem report. It shows that several abrasion found on the body of the deceased. The viscera report has not yet been received. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10553 of 2022 5.A reading of the FIR shows that due to the petty issue, quarrel arose between the parties. Upon which, the accused person alleged to have assaulted with hands is on chest of the deceased. Thereafter, he was taken to hospital and declared dead. The petitioner was arrested on 24.04.2022 and even since he is in custody. On perusal of CD file shows that during the investigation process, no previous motive was stated by the witnesses. 6.Considering the period of incarceration and also considering the fact that the investigation is almost over, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No-I, Tiruchirapalli, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 22/06/2022 / TRUE COPY / 22/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 JUDICIAL MAGISTRATE NO-I, TIRUCHIRAPALLI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.. 4 THE INSPECTOR OF POLICE, FORT ( L AND O) POLICE STATION, TRICHY.

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

+1. CC to M/S.KARUNAKARAN K M Advocate SR.No.5933 ORDER IN CRL OP(MD) No.10553 of 2022 Date :22/06/2022 SA/PN/SAR.3/22.06.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2