Mohammed Ali @ Bootey, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mohammed Ali @ Bootey ... Petitioner/Accused No.2 Vs The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

In Crime No.164 of 2023 ... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.164 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.164 of 2023 for the offence under Section 394 @ 395 IPC and remanded him into judicial custody on 14.06.2023. Therefore, the petitioner has filed this petition seeking bail.

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2.The case of the prosecution is that the petitioner and other accused came in a two wheeler and snatched the defacto complainant's gold chain. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 14.06.2023. 4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner is having three previous cases, which are similar in nature and that the investigation in this case is completed and final report is also filed before the concerned trial Court. 5.

Considering the seriousness of the offence and also considering the fact that the petitioner is having similar pervious cases to his credit, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. However, the respondent Police is directed to produce the witnesses before the trial Court, within a period of one month from the date of receipt of a copy of this order.

proceed with the trial. If any of the accused does not appear, the trial Court shall split up the case and conclude the trial, within a period of three months from the date of receipt of a copy of this order.

sd/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.7468 of 2024 Date :11/06/2024 SS/VR/SAR- /18/06/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3