Vaijeyanthi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No. 17975 of 2024 Vaijeyanthi ... Petitioner Vs.

State Rep by.

The Inspector of Police Thiruthani Police Station.

Crime No. 754 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the accused/petitioner on bail pending investigation in crime No. 754 of 2024 on the file of the respondent police. For Petitioner : Mr. R.Vivekananthan For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side)

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 01.07.2024 for the alleged offences punishable under Section 306 of the Bharatiya Nayaya Sanhita (BNS), 2023 in crime No. 754 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that while counting the amount in the Undiyal of Arulmigu Subramaniya Swami Thirukovil, Tiruthani, the petitioner along with other accused persons have stolen the amount to the tune of Rs.1,15,790/-. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the petitioner is ready to abide any conditions. On the other side, the learned Government Advocate (Crl. side) submits that stolen amount of Rs.53,000/- was recovered from the petitioner.

4. Considering the period of incarceration undergone by the petitioner and also stolen money was recovered from the petitioner. Hence, this Court is inclined to grant bail to the petitioner. 2/5

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on every Sunday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 3/5

appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

26.07.2024 pbl T.V.THAMILSELVI,J.

pbl 4/5

To

1. The Judicial Magistrate, Tiruttani.

2.The Inspector of Police Thiruthani Police Station.

3. The Special Prison for Women, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.17975 of 2024 26.07.2024 5/5