Sheik Mohammed Yasin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SHEIK MOHAMMED YASIN ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.321/2023 ... RESPONDENT /COMPLAINANT For Petitioner : MR.M.JOTHI BASU Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER: FOR BAIL IN CRIME NO.321 OF 2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner/ Sole Accused, who is facing trial for the alleged offence punishable under section Women Missing @ 397 and 302 IPC @ 397, 302 and 201 IPC 1/4

in S.C.No.273 of 2023 on the file of the learned Fast Track Mahila Judge, Srivilliputhur in Crime No.321 of 2023 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 04.08.2023 at about 11.30 A.M., the petitioner robbed gold jewels of the wife of the defacto complainant and murdered her by strangulating her neck. 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 bail application filed by the petitioner in Crl.O.P.(MD)No.21099 of 2023 was dismissed by this Court on 24.11.2023 on the ground that this is case of murder for gain and also considering the gravity of offence committed by the petitioner and the second bail application in Crl.O.P.(MD).No.22994 of 2023 was dismissed by this Court on 20.12.2023 on the ground that this is case of murder for gain and there was no change in circumstances of the case to consider the petition for bail. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

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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/- 13/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

tsg TO 1.THE FAST TRACK MAHILA JUDGE, SRIVILLIPUTHUR. 2.THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT, 3 THE OFFICER IN CHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-1883[I] dated 14/02/2024 ) 3/4

ORDER

IN Date :13/02/2024 RK/VR (16/02/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4