SENTHIL KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed, seeking to set aside the order, dated 30.07.2019, in Crl.MP. No. 3930 of 2019, passed by the Principal Sessions Judge, Chengalpattu and to enlarge the appellants/A1 and A2 on bail in Cr.No.163 of 2019, on the file of the respondent Police for the offences under Sections 341, 294(b), 324, 307 IPC, later altered to Sections 341, 294(b), 324, 302 IPC read with 3(2)(Va) of the SC/ST (POA) Act.

(2.) The case of the prosecution is that on 07.07.2019 at around 8.30 p.m. while the defacto complainant along with his friend Pushparaj were returning back to their house, the accused have waylaid and wrong fully restrained them and abused them in a filthy language and assaulted them with bricks, due to which the defacto complainant and his friend Pushparaj sustained injuries and the said Pushparaj was taken to the hospital and while he was under treatment, he succumbed to the injuries.

(3.) The learned counsel for the petitioners submit that the incident had occurred during a sudden quarrel and that there was no enmity between the parties. He would also submit that the incident did not occur on account of communal dispute. He would also submit that the petitioners are suffering incarceration for about 58 days and that there are no previous cases against them and the major part of the investigation is also over.