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Madras High CourtCRL OP(MD)/21117/2021dismissed

Sakthivel v. The Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.21117 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21117 of 2021 Sakthivel ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

Crime.No. 283 of 2021. ... Respondent/Complainant For Petitioner : Mr.M.E.Ilango, Advocate.

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

PRAYER :- For Bail in Crime No.283 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested on 29.11.2021 for the offences punishable under sections 304(2) of I.P.C., in Crime No. 283 of 2021, on the file of the respondent police, seeks bail. 2.The case of prosecution is that the defacto complainant is the father of the deceased. The accused had put up electrical fence in his Farm without getting any permission from the authorities. Due to electrocution, the son of the defacto complainant namely, Karuppasamy died. Hence, the complaint.

3.The learned Counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that he is in judicial custody from 29.11.2021. Hence, he seeks bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) submitted that without getting proper permission the accused had put up a electric

CRL OP(MD). No.21117 of 2021 fence in his Farm. Because of that, the son of the defacto complainant namely, Karuppasamy died on the spot. The allegation against the petitioner is serious in nature. Hence, he opposed to grant bail to the petitioner.

5.Considering the serious allegation alleged against the petitioner and also considering the period of incarceration, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original petition is dismissed. sd/- 29/12/2021 / TRUE COPY / / /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 Superintendent, Madurai Central Prison.

2. The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.21117 of 2021 Date :29/12/2021 RS/JM/SAR.3 (03.01.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/