by JAYA NARAIN

Last updated at 17:48 09 August 2007

A homeowner was arrested after a burglar plunged from the balcony of his top-floor flat and later died in hospital.

The intruder suffered head injuries and died in hospital after falling around 30ft on to a concrete path.

Patrick Walsh, 56, awoke to find an intruder in his flat on Corkland Road in Chorlton-cum-Hardy, south Manchester.

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Police say "following an exchange of words" the 43-year-old suspect fell from the fourth floor window on to the pavement below.

He suffered massive injuries from the fall, at around 6.10am on Monday.

The man was taken to Manchester Royal Infirmary with serious head injuries before being transferred to Hope Hospital, where he was pronounced dead at about 11am today.

Police conducted a detailed forensic examination of the flat after the incident.

Walsh was arrested on suspicion of causing serious bodily harm and bailed until November pending further police inquirers.

His solicitor, Victor Wozny, said today: "My client is not at liberty to say anything because he is under police bail.

"However we appreciate that the public view might be that this is a man arrested in his own home defending his own property."

A spokeswoman for Greater Manchester Police said, "Inquiries are ongoing to establish the circumstances surrounding this incident.

"A 56-year-old man from Chorlton has been arrested on suspicion of section 18 assault and bailed, pending further inquiries."

The pair argued and the confrontation moved towards the rear window of the flat.

It is believed the intruder then smashed the window and clambered out on to a narrow ledge and fell to the ground.

Mr Walsh phoned police and at around 6.30am officers found the man on the ground outside the smart Victorian apartment block in Chorlton-cum-Hardy,

He was taken to hospital with serious head injuries.

Officers arrested Mr Walsh on suspicion of causing grievous bodily harm with intent and are trying to establish whether the intruder was forced out of the window.

The arrest is expected to fuel arguments about the rights of householders to defend themselves against burglars.

The issue has been high on the law and order agenda since farmer Tony Martin was jailed for shooting dead a burglar in 1999.

Following the Martin affair the Crown Prosecution Service and the Association of Chief Police Officers said any householder can use reasonable force to

protect themselves or others, or to carry out an arrest or to prevent crime.

A neighbour said: "Police arrived in what seemed to be minutes and were there for the whole day.

"It's shocking to find out what has happened but people shouldn't break into other people's houses."

Another resident said: "I presume we will have to respect the burglar's rights while his victim has the nightmare of court hanging over his head. It all seems so unfair."

A spokesman for Greater Manchester Police said they had been called following reports that an intruder had fallen from a top-floor flat.

"Following an exchange of words, the alleged burglar was found unconscious on the pavement outside the flat.

"It is believed that he had fallen from the fourth-floor window."

Mr Walsh has been released on bail until November. If charged and convicted he could face a life sentence.