Mohammed Ali @ Bootey v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

Date : 13/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Mohammed Ali @ Bootey

... Petitioner/Accused No.4

Vs The State rep.by, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District. Crime No.221/2023.. ... Respondent/Complainant For Petitioner : M/s.Prabhu.L, Advocate. For Respondent : Mr.RMS.Sethuraman,

Additional Public Prosecutor PRAYER :- To release the Petitioner on Bail in SC No.310/2023 on the file of the Mahila Court (Fast Track Court), Thoothukudi pending investigation and thus render justice. 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 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.

¶2The 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.

¶3The 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.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit the petitioner is having two previous cases in similar nature of offence and he is a habitual offender. Hence, he strongly objected to grant bail to the petitioner.

¶5Considering the serious nature of allegations made against the petitioner and that he is having two previous cases in similar nature of offence, this Court is not inclined to grant bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

13/10/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP TO

1.THE SUPERINTENDENT, PALAYAMKOTTAI JAIL, TIRUNELVELI.

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

¶3THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.L.PRABHU, Advocate ( SR-15131[I] dated 13/10/2023 ) ORDER IN CRL OP(MD) No.18468 of 2023 Date :13/10/2023 RK /JGB(07/11/2023) 3P /5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023