Mathew @ Chandiran v. The State Rep By Its,

A.D.JAGADISH CHANDIRA, J.

This Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 07.05.2024, seeking bail in Crime No.277 of 2024 registered for the offences under Sections 457 & 380 of IPC.

2. The case of the prosecution is that, the petitioner along with other accused on 06.05.2024, committed theft of Rs.1,50,000/- from the school where the defacto complainant is working. 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 custody from 07.05.2024 and he is also ready to abide by any stringent conditions 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 while opposing for the grant of bail to the petitioner, would submit that, petitioner along with other accused committed theft of Rs.1,50,000/- from the school where defacto complainant is working. He would submit that petitioner has 22 previous cases. However, investigation is completed and case is 1/4

pending in C.C.No.181 of 2024 before the learned Judicial Magistrate, Avinashi. He would further submit that, now the case stands posted for examination of L.W1 to L.W3 on 26.11.2024. He would submit that, if a direction is given, the Trial would be completed within the specified period and if the bail is granted to the petitioner at this stage, there is every possibility of absconding and derailing the progress of Trial.

5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondent Police and perused the materials available on record.

6. Taking into consideration the above facts and circumstances of the case, and also the fact that the petitioner is a habitual offender involved in 22 previous cases of similar nature and the case is posted for Trial. Hence, this Court is not inclined to grant bail to the petitioner. However, a direction is issued to Judicial Magistrate, Avinashi to complete the Trial in C.C.No.181 of 2024 within a period of two months from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is dismissed. dsn 20.11.2024 2/4

To

1. The Inspector of Police, Avinashi Police Station, Tiruppur, Tiruppur District.

2. The Judicial Magistrate, Avinashi, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J.

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