Sanapulla v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SANAPULLA ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.221 OF 2023.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.SIVABALAN Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.221 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A2, who is facing trial for the offences punishable under Section 392 of IPC @ 395 of IPC, in S.C.No.310 of 2023 on the file of the learned Sessions Mahila Court, Thoothukudi, in Crime No.221 of 2023, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that on 15.05.2023, at about 08.15 p.m., when the defacto complainant was returning home, two unidentified persons came in a two wheeler and snatched 5 1⁄2 sovereigns of gold chain along with 1⁄2 sovereign of thali. Hence the case.

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

4.It appears that this is the third application for bail and the earlier two bail applications filed by the petitioner in Crl.OP(MD)Nos.20061 and 22000 of 2023 were dismissed by this Court on 17.11.2023 and 07.12.2023. 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 petitions, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 12/01/2024 / 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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SJI TO 1 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

2 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN Date :12/01/2024 (2/2) SS/DD/SAR- /23/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3