Parameshwaran.A v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.05.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7574 of 2020 A.Parameshwaran .... Petitioner -VsThe State rep.by The Inspector of Police, Erode Town Police Station, Erode.

....Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.618 of 2010 on the file of the respondent police. For Petitioner : Mr.M.Venkatachalam For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 22.11.2019 for the offence punishable under Sections 379 of IPC in Crime No.618 of 2010 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.05.2010, at 03.30 AM the petitioner was riding a car bearing Reg.No.TN 39 U 6435, at the time, the respondent police had stopped the car and questioned the petitioner. The petitioner did not answer properly and later it came to know that the petitioner was stolen the car. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is not involved in the above alleged offence and he is no way connected with the offence as alleged by the prosecution and he did not commit any offence. Further he would submit that the petitioner is in judicial custody from 06.05.2010 and hence, he seeks bail for the petitioner.

4. The learned Additional Public Prosecutor would submit that the crime is of the year 2010 and the respondent police filed charge sheet before the concerned Magistrate in the year 2013 itself. Due to the non appearance of the petitioner, NBW was issued on 09.06.2016 and the same was executed only on 22.11.2020 and now the case is posted before the Evidence investigating officer. If the petitioner let out on bail, all the trial proceeding would stall and it is very difficult to secure the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the above facts and circumstances of the case, and also considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed. -sd/- 14/05/2020 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, ERODE.

2 THE JUDICIAL MAGISTRATE, NO.II, ERODE.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, ERODE TOWN POLICE STATION, ERODE.

CC to M/S M.VENKATACHALAM Advocate on payment of necessary charges CRL OP.7574/2020 Date :14/05/2020 MK:13/07/2020