Shanthi@Dil Shanthi v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Shanthi @ Dil Shanthi ... Petitioner Vs.
State rep. by The Inspector of Police, R-1, Mambalam Police Station, Chennai - 600 024.
Crime No.52 of 2025.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.52 of 2025 pending on the file of the Respondent police. For Petitioner :
Mr.P.Sundara Rajan For Respondent :
Mr.L.Baskaran Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 09.03.2025, for the offence punishable under Sections 305 of BNS Act in connection with Crime No.52 of 2025, registered on the file of the respondent, 1/6
seeks bail.
2. The case of the prosecution is that the petitioner has committed theft of Rs.3000/-. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. The petitioner is in judicial custody from 09.03.2025 and hence, further custody of the petitioner is not required. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that investigation has been completed in this case and charge sheet has been filed. However, he opposed for grant of bail to the petitioner.
5.Heard both sides and perused the materials available on record. 2/6
6.Considering the facts and circumstances of the case, the submissions made by the learned counsels on either side, the period of incarceration undergone by the petitioner and the fact that investigation has been completed, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that: a] the sureties shall affix their 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 their identity;
[b] the petitioner shall report before the respondent Police as and when required for interrogation; [c] the petitioner shall make herself 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; 3/6
[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; [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.
04.06.2025 ep To 1.XVII Metropolitan Magistrate, Saidapet Chennai.
Cuddalore District.
2.The Inspector of Police, R-1, Mambalam Police Station, Chennai - 600 024.
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3. The Superintendent, Central Prison, (Women), Puzhal.
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR, J.
ep 5/6
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