Joseph @ Prabu Manikandan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19785 of 2021 JOSEPH @ PRABU MANIKANDAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KILIYANUR POLICE STATION, VILLUPURAM DISTRICT (CRIME NO.263/2017) For Petitioner : M/S.R.SANKARASUBBU Advocate For Respondent : M/S. 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 06.11.2020 for the offence punishable under Sections 397 and 411 of IPC in P.R.C.No.10 of 2018 pending on the file of the District Munsif cum Judicial Magistrate Court, Vanur, in Crime No.263 of 2017 on the file of the respondent police, seeks bail.
2. This is the second bail application filed before this Court. The case of the prosecution is that the petitioner herein who has arrayed as A1 in this case along with other accused committed a theft of Ashok leyland Dosth lorry belonging to the defacto complainant and later the same was recovered and the case was registerd in the year 2017. Further, the petitioner was arrested and enlarged on bail. When the case is pending at trial stage, the petitioner did not appear before the trial Court for hearings, the trial Court had issued NBW against the petitioner dated 19.12.2019 and secured on 06.11.2020.
3. The learned counsel for the petitioner submitted that the petitioner is now ready to appear before the court and to abide by any stringent conditions imposed by this Court. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that earlier bail application was dismissed by this Court in Crl.O.P.No.17126 of 2021 dated 17.09.2021. He further submitted that there are five previous cases pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that there are five previous cases pending against him and earlier bail application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/11/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VILUPPURAM THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM [FOR INFORMATION] 2 THE INSPECTOR OF POLICE, KILIYANUR POLICE STATION, VILLUPURAM DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.19785/2021 Date :01/11/2021 APN 18/11/2021