Mohamed Samseer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM 1.Mohamed Samseer 2.Mariya Anthony Arkinas @ Ark 3.Siluvai @ Silvester ... Petitioner/Accused Rank not known Vs The State represented by The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.37 of 2023) ... Respondent/Complainant For Petitioners : Mr.B.Micheal Sebastin, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no.37 of 2023 on the file of the Respondent Police. 1/3

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 26.01.2023 for the alleged offence punishable under Sections 457, 336, 397 and 506(ii) IPC in Crime No.37 of 2023, on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 25.01.2023, at about 09.00 pm., when the defacto complainant and his children were at their home, the accused persons trespassed into the house and threatened them and also assaulted them with deadly weapon. They also robbed gold jewels and two watches, worth about Rs.5,26,000/-. Hence the case.

3.The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in custody from 26.01.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioners trespassed into the house of the defacto 2/3

complainant and robbed the house by showing deadly weapons. That apart, the petitioners are having previous cases.

5.Considering the nature of allegations levelled as against the petitioners and considering the bad antecedents of the petitioners, this Court is not inclined to grant bail. Accordingly, this criminal original petition is dismissed. sd/- 30/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT. 2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI AT THIRUNELVELI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.19102 of 2023 Date :30/10/2023 SS/JGB/SAR- /20/11/2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3