Manikandan @ Mani v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14565 of 2023 Manikandan @ Mani ... Petitioner/Accused No.2

Vs The State represented by The Inspector of Police, Nazareth Police Station, Thoothukudi District. (In Crime No.175 of 2013). ... Respondent/Complainant For Petitioner : M/s.Balamurugapandi.D,

Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-To enlarge the petitioner on Bail in S.C.No.11 of 2023 on the file of I Additional District and Sessions Judge, Thoothukudi District in Crime NO.175 of 2013 and pass any further or other orders as this Honble Court deems fit. ORDER : The Court made the following order :-

The petitioner/Accused No.2 herein, who was arrested on 05.01.2023 for the alleged offence under Sections 392 @ 395 of IPC, in Crime No.175 of 2013, on the file of the respondent police, seeks bail.

2.The defacto complainant lodged a complaint before the respondent police stating that the petitioner along with other accused persons, committed robbery. Hence, the case was registered in the year 2013. After filing the final report, it was taken cognizance and pending on the file of the I Additional District and sessions Judge, Thoothukudi in S.C.No.11 of 2023.

3.Report was called for from the trial Court as to the stage of the trial process. Report received, submitting that this case is posted for framing of charges on

18.09.2023.

4.The learned Additional Public Prosecutor would submit that 10 previous cases are pending against the petitioner. They are for robbery, 307 IPC etc. If he is released on bail there is no guarantee that he will not again commit any offence again. On execution of warrant only he was now arrested.

5.In view of the submissions made by the counsels on either side, this Court is not inclined to grant bail to the petitioner.

6.There shall be a direction to the trial court to complete the trial process within a period of three months from the date of the receipt of a copy of this order. If the trial could not be completed within the above said stipulated time, the petitioner is at libertyotooapproachotheoconcernedotrialoCourt,obyoseekingobail.oOnosuchooccasion, orderoshallobeopassedofavourably.

7.With o the o above o said o directions, o this o criminal o original o petition o stands dismissed. oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo23/08/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooooo/09/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo TM TO 1oooTHEoIoADDITIONALoDISTRICToAND SESSIONSoJUDGE,oTHOOTHUKUDIoDISTRICT. 2oooTHEoSUPERINTENDENT, CENTRALoSUBoJAIL,oVIRUDHUNAGAR. 3oooTHEoINSPECTORoOFoPOLICE NAZARETHoPOLICEoSTATION, THOOTHUKUDIoDISTRICT. 4oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o COPYoTO: THEoREGISTRAR(JUDICIAL), MADURAIoBENCHoOFoMADRASoHIGHoCOURT, +1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-12699[I] dated 24/08/2023 ) ORDER IN CRL OP(MD) No.14565 of 2023 Date :23/08/2023 SS/VRS/13/09/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023