M.Upendra Rai v. Iop Namakkal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.2849 of 2022 M.Upendra Rai ... Petitioner Vs.

The Inspector of Police, Mohanur Police Station, Namakkal.

(Crime No.604 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.604 of 2021 on the file of the respondent police.

For Petitioner : Mr.K.A.Mariappan For Respondent : Mrs.G.V.Kasthuri, Additional Public Prosecutor ********

ORDER

The petitioner who was arrested and remanded to judicial custody on 05.08.2021 for the offences under Sections 457, 380, 511 of IPC in Crime No.604 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner who is a permanent resident of Bihar, attempted to break open the ATM Machine at Aniapuram to commit robbery and on the complaint of the neighbours the above case was registered against the petitioner. Hence this complaint.

3. The learned Counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the direction may be issued for the Court for earlier disposal. Hence, he seeks for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned Additional Public Prosecutor for respondent police.

5. Submissions made by the learned counsel on either side shows that the petitioner is not having permanent address in Tamil Nadu.

6. Though the investigation has been completed in the present case. Considering the facts that the petitioner is not having any permanent residence, if the petitioner is released on bail he may tampering the witness and for absconds. It is an admitted fact that as on now, the Trial has been started before the Trial Court and L.W.1 has also been examined. Hence, in view of the above it is appropriate to issue some directions to Trial Court to dispose the case within the period of two months from the date of receipt of a copy of this order.

7. With the above directions, this Criminal Original Petition is disposed of.

-sd/- 07/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.2, NAMAKKAL.

2 THE INSPECTOR OF POLICE MOHANUR POLICE STATION, NAMAKKAL 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.A.MARIAPPAN Advocate on payment of necessary charges CRL OP.2849/2022 Date :07/02/2022 JPA 08/02/2022 https://hcservices.ecourts.gov.in/hcservices/