Mohamed Samseer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM 1.Mohamed Samseer 2.Mariya Anthony Arkinas @ Ark 3.Siluvai @ Silvester ... Petitioners / Accused Rank not known Vs 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 this is second petition for bail and there is no change in circumstances.

5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances and considering the seriousness of the offence committed by the petitioners, this Court is not inclined to grant bail to the 2/3

petitioners. Accordingly, this criminal original petition is dismissed. sd/- 30/11/2023 / TRUE COPY / /12/2023 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 Tiruneveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21541 of 2023 Date :30/11/2023 ED/VR /SAR- (11/12/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3