Sarathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SARATHI ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.32 OF 2023) ... RESPONDENT / COMPLAINANT For Petitioner : M/S PRAKASH.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.32 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 03.03.2023 for the offences punishable under Section 392 of IPC, in Crime No.32 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is working in the 1/3

jewellery shop. On 20.02.2023, at about 05.00 p.m., he went to the seashore of Kulasekarapattinam. At that time, three persons came by two wheeler and threatened the defacto complainant and snatched the defacto complainant's cell phone and ran away from the place of occurrence. 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 second application for bail and the earlier bail application filed by the petitioner along with other accused in Crl.OP(MD)No.21989 of 2023, was dismissed by this Court on 13.12.2023. 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 petition, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 30/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

SJI TO THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN Date :30/01/2024 PKP/JGB/SAR /06.02.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3