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Madras High CourtCRL OP(MD)/13359/2022allowed

Karthikeyan @ Karthi v. The Inspector Of Police

2022-07-29Honourable Mr Justice G.Ilangovan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 29/07/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.13359 of 2022 Karthikeyan @ Karthi : Petitioner/A4 Vs.

The State rep. By The Inspector of Police, Chinnatharapuram Police Station, Karur District.

(Crime No.121 of 2022) : Respondent/Complainant For Petitioner : Mr.G.Karuppasamy Pandian For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- C-6B.For Bail in Crime No.121 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:-

The petitioner, who is arrayed as A4 was arrested, on 01/06/2022 and remanded to judicial custody for the alleged offences punishable under sections 294(b), 324 and 302 IPC, in Crime No.121 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the de-facto complainant lodged a complaint stating that on 24/05/2022 on the invitation made by Manikandan and neighbouring village friends namely Malis and others came to his house. They were picked up by the above said Manikandan and he dropped them in Rajapuram. At that time, a person by name Madhan belongs to the above said Malis village, scolded the above said Manimaran as to how he can drop the girl, who belongs to his village. He was also criminally intimidated. As a sequence of the above said incident, on 24/05/2022, at about 9.20 am, the above said Madhan, Abichek and others, came in a two wheeler and Madhan assaulted Suriya on his head. They also assaulted Aravindhan. Because of the assault made by three persons, the incident was informed to the de-facto complainant. On seeing them, all the accused persons, ran away from that place. The injured Aravindhan was taken to the hospital

and he was declared dead. On the basis of the above said occurrence, the case has been registered. Two known, one unknown person and this petitioner was arrested, on 01/06/2022, who is arrayed as A4.

3.Seeking bail, this petition has been filed on the ground that the investigation is almost completed and only out of sudden quarrel, by loss of self-control, the above said occurrence took place. Only A1 is responsible for the above said occurrence. So, he seeks bail. 4.The successive bail application, that was filed by the petitioner was dismissed by the Principal District Judge, Karur, in Crl.MP No.1248 of 2022, dted 12/07/2022. 5.The entire CD file has been called for and perused. This petitioner is also seems to be available in the place of occurrence and also watching the movements of Aravindhan and Suriya. It is further seen that the accused Madhan, Abichek and other accused caused injury to the deceased.

6.Considering the limited role that has been alleged by the petitioner and also considering the fact that there is no previous enmity between the petitioner and the deceased person, this court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 District Munsif-cum-Judicial Magistrate, Aravakurichi, Karur District and on further condition that the petitioner shall report before the respondent police daily at 10.30 am until further orders.

(G I J) 29.07.2022 ER 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, Chinnatharapuram Police Station, Karur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Central Prison, Trichy.

G.ILANGOVAN ,J er Crl.OP(MD)No.13359 of 2022 29/7/2022