Sanapulla v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Sanapulla, ... Petitioner/Accused 2 Vs The Inspector of Police, Kovilpatti West Police Station, Thoothukudi.

(In Crime No.221 of 2023).

... Respondent/Complainant For Petitioner : M/s.SIVABALAN.K, 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.221 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who arrayed as accused, was arrested and remanded to judicial custody on 21.06.2023 for the offences punishable under Section 392 IPC @ 395 IPC in Crime No.221 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 15.05.2023 when the defacto complainant was returning to home the petitioner two un-identified persons came in a two wheeler and snatched 5 1⁄2 sovereigns of gold chain along with 1⁄2 sovereign of 1/3

thali. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 21.06.2023 and hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 17.11.2023 in Crl.O.P (MD).No.20061 of 2023. He would further submit that the petitioner is having previous cases and the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that there is no change of circumstances after dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 07/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TRP TO 1 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.22000 of 2023 Date :07/12/2023 SA/DD/SAR. /19.12.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3