Tamilselvi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.3095 of 2026 Tamilselvi ... Petitioner Vs.

The State Rep. By The Inspector of Police, Banavaram Police Station, Ranipet District.

(Crime No.27 of 2022) ... Respondent PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C. and 483 of Bharatiya Nagarik Suraksha Sanhita Act, to enlarge the Petitioner/Accused on bail in Crime No.27 of 2022 pending on the file of the respondent Police.

For Petitioner :

Mr.G.Somasekar For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who were arrested and remanded to judicial custody on 16.09.2025, for the offence punishable under Sections 457 and 380 of IPC Act, 1985, in Crime No.27 of 2022, registered on the file of the respondent, seeks bail.

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2. The allegation against the petitioner is that she is involved in house broking and theft of properties. She was earlier arrested and released on bail. Subsequently, she failed to appear before the trial Court on 17.07.2025. Hence, a Non Bailable Warrant was issued and the same was executed on 27.08.2025.

3. The learned counsel for the petitioner submitted that though the petitioner has previous cases, in the present case she has been in custody for nearly five months, and considering the nature of the offence involved, the period of custody already undergone is substantial. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has eight previous cases and has been convicted in some of them. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that, though the petitioner has eight previous cases, she has been in custody for nearly five months after execution of the Non Bailable Warrant, and taking into account the overall facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. 2/6

7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sholinghur, Ranipet District and on further conditions that:

[a] the sureties shall affix her photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure her identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of four weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.02.2026 kmm Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To

1. The Judicial Magistrate Court, Sholinghur, Ranipet District.

2. The Inspector of Police, Banavaram Police Station, Ranipet District.

3. The Superintendent, Central Prison, Women Cell, Vellore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

kmm Crl.O.P.No.3095 of 2026 10.02.2026 6/6