Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.5088 of 2021 Manikandan ... Petitioner/Accused No.1 Vs State Rep.by its The Inspector of Police, Bodinayakkanur Town Police Station, Theni District Cr No. 55/2021.

... Respondent/Complainant For Petitioner : M/s.Prakash.K., Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. 55 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1 herein was arrested and remanded to judicial custody on 13.02.2021 for the alleged offences under Sections 457 (2), 380(2), 411 and 414 of IPC on the file of the respondent police in Crime No.55of 2021 seeks bail.

2. The case of the prosecution is that on 13.02.2021 at about 16.00 hrs while the respondent police was conducting vehicle check up the petitioner drove the vehicle bearing Reg. No. TN 01 K 1957 Maruthi 800 and the police party stopped the vehicle and when they checked the vehicle they found Natarajar idol. Hence the complaint.

3. The learned counsel for the petitioner would submit that this is the second bail petition and the earlier petition was dismissed by this Court on 12.03.2021 in Crl.O.P(MD) No.3917 of 2021. He would also submit that the petitioner is only a acting driver and he is not aware of the idol inside the car. He would https://hcservices.ecourts.gov.in/hcservices/

further submit that the petitioner is in jail for more than 50 days, hence he may be granted bail.

4.The learned Government Advocate(Crl.Side) would submit that some of the accused have not been arrested and if the petitioner is released on bail, there is a possibility of absconding and also tampering of evidence.

5. Taking into consideration the fact that some of the coaccused are not yet arrested and also taking note of the apprehension of the learned Government Advocate(Crl.Side) , this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 15/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE OFFICER IN CHARGE, DISTRICT PRISON, THEKKAMPATTI, THENI DIST 2 THE INSPECTOR OF POLICE BODINAYAKKANUR TOWN POLICE STATION, THENI DISTRICT

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5088 of 2021 Date :15/04/2021 SMA/PN/SAR-/20.04.2021 : 2P/4C SMA/PN/SAR-/20.04.2021 : P/C https://hcservices.ecourts.gov.in/hcservices/