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Madras High CourtCRL OP/12986/2021dismissed

Manikandan @ Bottle Mani v. State Rep By

2021-07-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12986 of 2021 MANIKANDAN @ BOTTLE MANI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SELAIYUR POLICE STATION, SELAIYUR, CHENNAI.

(CRIME NO.1150/2012) For Petitioner : M/S.S.DIVAN MYDEEN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 22.02.2021 for the offence under Sections 341, 294(b), 336, 427, 506(ii), 397 IPC @ into 341, 394(b), 336, 427, 506(ii), 397 IPC r/w. 392 IPC in Cr.No.1150 of 2012 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner was implicated for the aforesaid offences in S.C.No.276 of 2012 on the file of the learned Sub-Ordinate Judge at Tambaram and since he did not appear before the Court for hearing, Non Bailable Warrant was issued against the petitioner and he was secured on 22.02.2021. 3.The learned counsel appearing for the petitioner would submit that the non appearance of the petitioner before the lower Court is neither willful nor wanton, however, he was unable to appear before the lower Court. Hence, Non Bailable Warrant was issued against the petitioner.

4.The learned Government Advocate (Crl. Side) submitted that earlier, the petitioner approached this Court by filing Crl.O.P.Nos.9022 and 11449 of 2021 and this Court dismissed the said petitions.

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5.Considering the fact that there is no change in circumstances subsequent to the order passed in Crl.O.P.Nos.9022 and 11449 of 2021, I am not inclined to grant bail to the petitioner. 6.At this juncture, the learned counsel appearing for the petitioner prays that since the case is of the year 2012, this Court may issue direction to the learned Sub-Ordinate Judge at Tambaram to complete the trial in S.C.No.276 of 2012 and dispose of the same as expeditiously as possible.

7.This criminal original petition is dismissed. However, considering the submission made by the learned counsel appearing for the petitioner, this Court directs the learned Sub-Ordinate Judge at Tambaram to complete the trial in S.C.No.276 of 2012 and dispose of the same as expeditiously as possible.

-sd/- 28/07/2021 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 INSPECTOR OF POLICE, SELAIYUR POLICE STATION, SELAIYUR, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL,CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.DIVAN MYDEEN Advocate on payment of necessary charges CRL OP.12986/2021 Date :28/07/2021 CSK 09/08/2021 https://hcservices.ecourts.gov.in/hcservices/