Vanikaruppu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI VANIKARUPPU ... PETITIONERS / ACCUSED No.2 Vs THE INSPECTOR OF POLICE SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.49 OF 2017.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.ARUN.B, 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.49 OF 2017 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 Sections 392, 397 and 506(ii) of IPC in S.C.No.154 of 2017 on the file of the learned 1/3

Additional District and Sessions Judge, Sivagangai, in Crime No.49 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 20.12.2017, when the defacto complainant was coming to Sivagangai in his two wheeler, the petitioner and others restrained and threatened him by showing sickle and snatched Rs.850/- from the defacto complainant. On the complaint given by the defacto complainant, the case was registered in Crime No.49 of 2017 by the respondent Police and the petitioner was arrested and remanded to judicial custody. Thereafter, he enlarged on bail and subsequently the Law Enforcing Authority, after completing the investigation, filed a charge sheet before the Additional District and Sessions Juge, Sivagangai. Due to non-appearance of the petitioner on 02.12.2021, the trial Court issued non-bailable warrant on the same day, pursuant to which, the petitioner was arrested and remanded to judicial custody on 03.09.2023.

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.1444 of 2024 was dismissed by this Court on 31.01.2024. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case. 2/3

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/- 22/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO THE INSPECTOR OF POLICE SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN Date :22/02/2024 PKP/VR/SAR /29.02.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3