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2014 Supreme(Mad) 2063

P.DEVADASS
Rahul Dhoka – Appellant
Versus
State, by The Inspector of Police, Chintadripet – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. Shahjahan, Advocate.
For the Respondents:K. Prabhakar, Govt. Advocate (Crl. Side).

Judgment

Petition:

Petition for bail.

Offences:

2. Offences alleged are under Sections 279, 337, 338 (two counts) and 308 of IPC.

Submissions: accused

3. According to the learned counsel for the petitioner, even taking the allegations as such in the F.I.R. an offence under Section 308 IPC is not warranted.

4. Learned counsel for the petitioner further contended that understanding the travails of the boy's family, petitioner paid Rs.50,000/- towards the boy's medical treatment. Petitioner also given Rs.5 lakhs to the boy's father and further he is ready to pay a reasonable sum. Petitioner is a graduate. So far he has not been involved in any criminal case. He has fair antecedents. He has permanent residence in Chennai. He will not run away. He will co-operate with the investigation agency. He has been jailed since 03.07.2014. In the circumstances, he may be granted bail.

Submissions: prosecution

5. On the other hand, the learned Government Advocate (Criminal Side) submitted that the occurrence took place near a School zone. There are 3 injured. Defacto complainant's son sustained grievous injuries on his legs. Both his legs were amputated. The injured boy is only about 3½ years old.



















































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