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2012 Supreme(Mad) 3390

S.NAGAMUTHU
Parameswaran – Appellant
Versus
Inspector of Police, N-1 Royapuram Police Station, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:N.R. Elango, Senior Counsel for L. Murali Krishnan, Advocate.
For the Respondent: M. Maharaja, Addl. Public Prosecutor.

Judgment :-

1. The petitioner is the 2nd Accused in Crime No.841 of 2012 on the file of the respondent police. Initially, the said case was registered under Section 174 of Cr.P.C. During the course of investigation, it was altered into one under Sections 304(1) and 304(A) of IPC. The petitioner was arrested by the respondent on 27.07.2012 and produced before the learned XVI Metropolitan Magistrate, George Town, Chennai, with a request for remanding him to judicial custody. In the request for remand itself, the respondent submitted to the court that the petitioner had been arrested only on the allegations that he had committed offence punishable under Section 304(A) of IPC. The petitioner, immediately after remand, filed a petition in M.P.No.3129 of 2012 seeking bail. The learned Magistrate ordered notice to the respondent. The respondent submitted a response before the learned Judicial Magistrate, in which, the respondent submitted that the petitioner is accused of an offence only under Section 304(A) of IPC and, therefore, the respondent had no objection for the grant of bail to the petitioner. It was argued before the learned Metropolitan Magistrate by the learned counsel for the





















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