Anjali v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Anjali .. Petitioner Vs.
The State rep by The Inspector of Police South Police Station Tiruppur Crime No. 398 of 2025.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No. 398 of 2025 on the file of the respondent police. For Petitioner :
Mr.Deepanuday For Respondent :
Mr.R.Vinoth Raja Government Advocate (Crl.side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 18.05.2025, for the offence punishable under Section 303(2) and 112(2) of BNS, 2023 (379 of IPC) in Crime No. 398 of 2025, registered on the file of the respondent, seeks bail.
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2. The case of the prosecution is that the petitioner along with other accused committed a theft of two ATM cards, Rs.6,600/- cash and some silver items from the defacto complainant's purse while she was travelling in the bus. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, she is suffering incarceration from 18.05.2025. He further 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. Learned Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that totally there are two accused in this case and the petitioner/A1 was arrested on 18.05.2025 He also submitted that there are six previous cases pending against the petitioner and the same were pending for trial. He also submits that in this case, investigation has been completed and charge sheet has been filed in C.C.No.869 of 2025 before the Judicial Magistrate No.2, Tiruppur. He further submits that the entire amount has been recovered. 2/6
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the period of incarceration undergone by the petitioner, 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 Judicial Magistrate No.2, Tiruppur 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 Judicial Magistrate No.2, Tiruppur on every Tuesday at 10.30 am., and on all hearing dates without fail except on the days when he is required to appear the Trial court on other cases until further orders.
[c] The petitioner shall make himself available for interrogation by a Police Officer as and when required; 3/6
[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;
[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. 07.07.2025 nr Note:
1. Registry is directed to forthwith upload this 4/6
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.
To
1. The Judicial Magistrate No.2, Tiruppur
2. The Inspector of Police South Police Station Tiruppur
3. The Superintendent, Special Prison for Women, Nallur, Tiruppur
4. The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
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