Shiek Mohammed Yasin v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Shiek Mohammed Yasin, ... Petitioner/Accused 1

Vs The Inspector of Police, Sivakasi East Police Station, Virudhunagar District. Crime No.321/2023. ... Respondent/Complainant For Petitioner : M/s.MAREESKUMAR.E, 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.321/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on

06.09.2023 for the alleged offence punishable under Sections 397 and 302 of IPC in Crime No.321 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.08.2023 at about 11.30 a.m, the petitioner robbed gold jewels of the wife of the defacto complainant and murdered her by strangulating her neck. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from

06.09.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner robbed gold jewels of the wife of the defacto complainant and murdered her by strangulating her neck, hence he objected to grant bail to the petitioner.

¶5This is the second application for bail and the earlier bail was dismissed taking into consideration the fact that it is case of murder for gain and there is no change in circumstances of the case to consider the present petition for bail, hence this Court is not inclined to grant bail to the petitioner.

¶6In the result, the petition stands dismissed.

sd/-

20/12/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV TO 1 THE OFFICER INCHARGE, VIRUDHUNAGAR DISTRICT JAIL, VIRUDHUNAGAR. 2 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.22994 of 2023 Date :20/12/2023 SA/JGB/SAR. /26.12.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.