MUTHUPANDI Vs. STATE

JUDGEMENT

(1.) The appeal challenges the dismissal of the appellant's bail application in Crl.M.P.No.5242 of 2025 dtd. 12/1/2026, passed by the learned Principal District and Sessions Judge, Tiruvallur.

(2.) The appellant was arrested on 28/11/2025 in Crime No.1729 of 2017, which was originally registered for the offence under Sec. 304(A) IPC. It appears that the respondent had not filed the final report for several years. However, pursuant to a direction issued by the National Commission for Scheduled Caste, the respondent filed an alteration report on 19/12/2024, altering the offence to Sec. 304(ii) IPC. After the arrest of the appellant, another alteration report was filed on 15/12/2025, incorporating the offence under Sec. 14(1) of the Child Labour (Prohibition and Regulation) Act, 1986. The appellant sought bail before the Trial Court, which came to be dismissed by the impugned order.

(3.) The learned counsel for the appellant would submit that the appellant was arrested in the year 2025 for an occurrence that allegedly took place in the year 2017; that the allegations, at best, disclose negligence and not even gross negligence so as to attract Sec. 304(A) IPC; that the subsequent alteration of the offence to Sec. 304(ii) IPC is unsustainable in law; and that, in any case, considering the period of incarceration, the appellant may be released on bail.