Sundaram @ Samy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SUNDARAM @ SAMY ... PETITIONER/ACCUSED 2 Vs THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.158/2023).

... RESPONDENT/COMPLAINANT For Petitioner : M/S.BALAMURUGAN.R Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- FOR BAIL IN CRIME NO.158 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 02.12.2023 for the offences punishable under Sections 364(A) of I.P.C. @ Sections 395, 364(A) I.P.C. @ 395, 364(A), 120(b) of I.P.C. in Crime No.158 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.11.2023 at about 12.30 P.M., the 1/3

petitioner along with other accused persons entered into criminal conspiracy and kidnapped the defacto complainant along with his car and cash of Rs.45,00,000/- and committed dacoity of Rs.45,00,000/-. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.22931 of 2023 was dismissed by this Court on 19.12.2023 on the ground that the investigation is in initial stage. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

5. Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

6. In the result, this Criminal Original Petition is dismissed. sd/- 08/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TSG TO 1 THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN Date :08/01/2024 SA/VR/SAR. /19.01.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3