R.Manikandan v. The Inspector Of Police

CRL OP(MD). No.12697 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD). No.12697 of 2020 R.Manikandan ... Petitioner/Accused No.2 Vs State through The Inspector of Police, Keerathurai Police Station, Madurai District.

Crime No.1063 of 2020.

... Respondent/Complainant For Petitioner : Mr.M.Shahul Hameed, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For bail in Crime No. 1063 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A2 herein was arrested on 21.09.2020, for the offence punishable under Section 399 of IPC and Section 25(1-A) of Arms Act, 1959, in Crime No.1063 of 2020 on the file of the respondent Police, seeks bail.

2.The contention of the petitioner is that, the case has been registered under Section 399 of IPC and Section 25(1-A) of Arms Act, 1959. When the Sub-Inspector of Police was on patrol duty, he found that the petitioner along with other accused persons were indulged act on preparation of commit heinous offence. The date of occurrence on 20.09.2020 and the accused persons were arrested on 21.09.2020 and they were in judicial custody. The learned counsel appearing for the petitioner states that A1 has already been released on bail, therefore, the petitioner is also to be released on bail.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12697 of 2020 3.The learned Government Advocate (Crl. Side) appearing for the respondent Police objected the contention by stating that the present petitioner cannot be compared with A1. 4.In view of the fact that he has involved in other robbery case, and it is now pending. The petitioner is a habitual offender and now, he is in custody for about 50 days. The investigation are in progress.

5.In view of the fact that the petitioner is a habitual offender and has involved in other robbery case and it is also now pending. There is likelihood of tampering the witnesses or evidences during the course of investigation, this being factum, the petitioner is not entitled to get bail.

6.Accordingly, this criminal original petition stands dismissed.

sd/- 09/11/2020 / TRUE COPY / / /2020 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2.THE INSPECTOR OF POLICE KEERATHURAI POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.12697 of 2020 Date :09/11/2020 vsg/dss AE/SMA/SAR-II (18.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2