Selvam v. The Inspector Of Police

CRL OP(MD). No.16050 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16050 of 2020

1. Selvam

2. Ganesan

3. Gunaseelan ... Petitioners/Accused Nos.1 to 3 Vs State through The Inspector of Police, T.Kallupatti Police Station, in Crime No.2153/2020.

... Respondent/Complainant For Petitioner : M/s.V.Chandrapandi, Advocate.

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

PRAYER :- For Bail in Crime No.2153/2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A3 who were arrested and remanded to Judicial Custody on 01.12.2020 for the offences punishable under section 174 of Cr.P.C. @ 304 (ii) of IPC, on the file of the respondent police seek bail.

2.The petitioners and the deceased are relatives and on the date of occurrence while the petitioners and the deceased were consuming alcohol at that time there was a wordy altercation, in which, both of them attacked each other and when the deceased was taken to hospital, he was declared dead.

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CRL OP(MD). No.16050 of 2020 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would also submit that the accused were taken to custody on 29.11.2020 itself and kept them in illegal custody from 29.11.2020 to 01.12.2020 for more than 24 hours and remanded them only on 01.12.2020.

4. The learned Government Advocate(Crl.Side) would submit that investigation is still pending and waiting for viscera report.

5. Taking note of the above facts and circumstances of the case and also taking note of the fact that the investigation is at the nascent stage and waiting for viscera report. At this juncture, if the petitioners are released on bail, they may hamper the investigation, this Court is not inclined to grant bail to the petitioners.

6. In the result, the petition stands dismissed. sd/- 30/12/2020 / TRUE COPY / / /2021 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2.THE INSPECTOR OF POLICE, T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16050 of 2020 Date :30/12/2020 AAV/SJI AE/KV/SAR-I (04/01/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2