Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17365 of 2015 MANIKANDAN ... PETITIONER / ACCUSED NO.5 Vs STATE :THE INSPECTOR OF POLICE VANNIAMPATTI POLICE STATION SIVAGANGAI DISTRICT (CRIME NO.162 OF 2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.5, in Crime No.162 of 2014 on the file of the respondent police, was arrested on 03.02.2015 for the alleged offences punishable under Sections 458, 395, 397, 411, 414 and 109 of I.P.C., and hence, seeks bail.

2. According to the prosecution, that on 07.09.2014, the accused 1 to 5 has trespassed into the house of the de-facto complainant and at knife point, taken away jewels worth Rs.4,50,000.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely roped in this case, based on the confession of the co-accused. It is further submitted that the petitioner has been incarceration for more than 7 months and the respondent has also completed the investigation and also filed a charge sheet. It is further contended that similarly placed co-accused was granted bail by this Court in Crl.O.P.(MD).No.397 of 2015.

4. Per contra, the learned Government Advocate (Crl.side) vehemently opposed granting of bail to the petitioner contending that the accused is a habitual offender and he is having 7 previous cases to his credit of similar nature and once if he is released on bail, he will indulge in similar offences in future also. It is further submitted that the respondent has already filed a charge https://hcservices.ecourts.gov.in/hcservices/

sheet and a direction can be issued for completion of the trial and there is no boycott by the advocates.

5. Considering the rival submissions, this Court is not inclined to grant bail. Hence, this petition is dismissed. However, considering the facts, the trial Court shall dispose of the case on merits and in accordance with law, as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

sd/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE INSPECTOR OF POLICE VANNIAMPATTI POLICE STATION, SIVAGANGAI DISTRIC 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5.THE OFFICER-IN-CHARGE, SUB-JAIL, VIRUDHUNAGAR +1. CC to M/S V.KANNAN Advocate SR.No.53135 RL/7 C- 22/9/2015

ORDER

IN CRL OP(MD) No.17365 of 2015 Date :08/09/2015 https://hcservices.ecourts.gov.in/hcservices/