Kumar v. The Sub Inspector Of Police

CRL OP(MD). No.11019 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.11019 of 2022 Kumar ... Petitioner/1st Accused Vs The State rep.by The Sub Inspector of Police, Munneerpallan Police Station, Munneerpallan, Tirunelveli District.

Crime No.128/2022 ... Respondent/Complainant For Petitioner : M/s.PALANI VELAYUTHAM.S, 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 Cr.No.128/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 16.05.2022 for the alleged offence under Sections 336, 337 and 304(ii) of IPC, in Crime No.128 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 14.05.2022, at about 11.00 p.m, the defacto complainant and his colleagues were engaged in quarry operation in the property, which belongs to the father of the petitioner. At that time, a large stone was moved and rolled into the pit. Due to which, the defacto complainant and 6 others trapped under the stone and some of the persons died. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the son of the first accused, who is the original owner of the quarry. A9 is already released on bail by this Court. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that license has been obtained in the name of one Sangaranarayanan @ https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11019 of 2022 Sankaran, who is the Accountant of the petitioner and later, it was sub leased to the petitioner.

5.How this transaction took place is the matter for investigation.

6.Considering the period of incarceration and also considering the fact that A9 has already been released on bail by this Court, this Court is inclined to grant bail to the petitioner with stringent conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli District, and on further condition that the petitioner 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.

TO 1 THE JUDICIAL MAGISTRATE NO.V TIRUNELVELI DISTRICT.

2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT..

4 THE SUB INSPECTOR OF POLICE, MUNNEERPALLAN POLICE STATION, MUNNEERPALLAN, TIRUNELVELI DISTRICT.

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

+1 cc to M/s.PALANI VELAYUTHAM.S, Advocate, SR.5927 ORDER IN CRL OP(MD) No.11019 of 2022 Date :22/06/2022 SA/VR/SAR.3/22.06.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2