IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.2255 of 2022

1.Senthil @ Senthilkumaran

2.Sridhar

...Petitioners

Vs.

State by

The Inspector of Police,

Sadras Police Station,

Chengalpatu District.

(Crime No. 396 of 2021)

... Respondent

PRAYER: Criminal Original Petition has been filed under Section 439

of Cr.P.C. praying to enlarge the petitioners on the bail in Crime

No. 396 of 2021 on the file of the Respondent police.

For Petitioners : Mr.S.Vellidoss

For Respondent : Mr.N.S.Suganthan

(Government Advocate Crl. Side)

O R D E R

(The case has been heard through video conference)

The petitioners who were arrested and remanded to judicial

custody on 19.12.2021 for the offences under Sections 294(b), 323,

448, 427, 506(i) of IPC altered 302 of IPC in Crime No. 396 of 2022,

on the file of the respondent police, seek bail.

2. The case of the prosecution is that on the date of the

occurrence the petitioners went to the tailor shop of he deceased for

repairing zip of the bag of the petitioners regarding which a wordy

quarrel arose between them during which, the petitioners assaulted

the deceased with hands due to which, the deceased sustained injury

and thereafter, he was admitted in the hospital and subsequently, he

died after 4 days. Hence, the complaint.

3.The learned counsel for the petitioners would submit that

the out of wordy quarrel the occurrence had happened and during the

melee, the deceased fell down and sustained injuries and subsequently

died and that they petitioners did not use any weapon and theres is

no motive or intention for the petitioners to cause the death of the

deceased. He would further submit that the petitioners have been

https://hcservices.ecourts.gov.in/hcservices/

suffering incarceration for 45 days from 19.12.2021. Hence, he would

pray for grant of bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the

respondent would raise objection stating that there was a quarrel

between the petitioners and the deceased in respect of stitching zip

in the bag and at the time of occurrence, the petitioners were in a

drunken mood and they attacked the deceased due to which, he

sustained injuries and admitted in the hospital and after 4 days, he

died. Initially, the case was registered for offence under Section

506(i) and after the death of the deceased, it was altered to Section

302 IPC but admits that the charge sheet has been filed nad the same

has been taken on file in PRC No.1 of 2022.

5. Considering the above facts and circumstances of the case

and the fact that the charge sheet has been filed and also

considering the period of incarceration undergone by the petitioners,

this Court is inclined to grant bail to the petitioners with certain

conditions.

(a) Accordingly, the petitioners are ordered to be released on

bail on executing their own bond for a sum of Rs.10,000/- (Rupees Ten

Thousand only), before the Superintendent of the concerned prison, in

which the petitioners have been confined and thereafter on their

release;

(b) the petitioners shall execute two sureties for a sum of

Rs.10,000/- (Rupees Ten Thousand only) each, before the Learned

Judicial Magistrate, Thirukalukundram, within 15 days from the date

of commencement of the Court’s normal functioning, failing which the

bail granted by this Court shall stand dismissed automatically;

(c) the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the learned Magistrate may obtain a

copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(d) the petitioners shall report before the respondent police on

every Sunday at 10.30 a.m. until further orders except on Court

hearings and they shall also appear before the trial Court on all

hearings without fail