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Madras High CourtCRL OP/19245/2025dismissed

Mani Kannan @ Boopathi v. The State Rep By The Inspector Of Police

2025-07-07Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Mani Kannan @ Boopathi,M .. Petitioner Vs.

State rep. by The Inspector of Police Kondalampatti Police Station Salem District Crime No. 160 of 2017 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in connection with Crime No. 160 of 2017 on the file of Kondalampatti police station. For Petitioner :

Mr.A.Arunkumar For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.02.2025, for the offence punishable under Sections 397, 450 and 395 of IPC, 1860 in connection with Crime No.160 of 2017, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution as per the defacto complainant, who was employed as watchman in a car shed, stated that on 17.04.2017, the petitioner along with other accused persons entered the car shed premises, assaulted him and committed a theft of two cars worth Rs.4,00,000/- Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence. It is the contention of the petitioner that he was arrested by way of PT warrant on 26.02.2025 and has been suffering incarceration since then. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.side) appearing for the respondent police, strongly opposed the contentions of the petitioner and submitted that the alleged offence took place in the year 2017. In this case, the investigation has been completed, charge sheet has been filed and the same has been taken on file in PRC.No.37 of 2017. He also submits that in this case totally 2/4

there are six accused in which petitioner/A1 has been absconding from the year 2021. He also submits that the committal proceedings are yet to be concluded. The petitioner was later arrested in connected with another offence registered in Crime No.55 of 2025 and only thereafter, NBW was executed through PT warrant. In the present case, A3 is still absconding and NBW is pending against him and other accused were also absenting themselves alternatively. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and considering the fact that the case is of the year 2017 and it is yet to be committed and also even after nearly 8 years, the case is still at the initial stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the criminal original petition stands dismissed. 07.07.2025 nr 3/4

M.NIRMAL KUMAR, J.

nr To

1. The Inspector of Police Kondalampatti Police Station Salem District

2. The Public Prosecutor, High Court, Madras.

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