Mohammed Ali @ Bootey v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Mohammed Ali @ Bootey, ... Petitioner/Accused No.2 Vs The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
(In Crime No.221 of 2023).
... Respondent/Complainant For Petitioner : Mr.C. Susikumar, Advocate.
For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor 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 is arrayed as accused, was arrested and remanded to Judicial Custody on 06.07.2023 for the offence under Sections 392 IPC @ 395 IPC in Crime 1/3
No.221 of 2023, charge sheeted in SC.No.310 of 2023 on the file of the Mahila Court (Fast Track Court), Thoothukudi, seeks bail.
2. The case of the prosecution is that on 15.05.2023, the petitioner along with other accused came in a Two wheeler and snatched 6 sovereigns of gold chain belonging to the defacto complainant. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that petitioner is in judicial custody from 06.07.2023 and seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a second bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 13.10.2023 in Crl.O.P(MD).No.18468 of 2023 and the petitioner is having two previous cases in similar nature of offence. Hence, he strongly objected to grant bail to the petitioner.
5. Considering the serious nature of allegations made against the 2/3
petitioner and that he is having two previous cases in similar nature of offence and 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/- 12/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I, II, III, IV) Madurai Bench of Madras High Court, Madurai - 625 023.
trp TO 1.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
2.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CRL OP(MD) No.22325 of 2023 Date :12/12/2023 RK/VR (29/12/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3