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Madras High CourtCRL OP/35367/2025granted

Meena v. The State Rep By, The Inspector Of Police

2025-12-26Honourable Mr.Justice P. Dhanabal7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Meena Petitioner Vs The State Rep By, The Inspector of Police Moongilthuraipattu Police Station, Kallakurichi District.

Crime No.24 of 2025.

Respondent PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.24 of 2025 on the file of the Moongilthuraipattu Police Station, Kallakurichi. For Petitioner(s):

Mr.T. Ganesan For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.10.2025, for the alleged offences punishable under Sections 331(4), 305(a) of BNS altered to Sections 331(4), 305(a), 317(4) of BNS (457, 380, 413 of IPC) in Crime No.24 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner/accused along with others, broke the door and entered the defacto complainant's house, committed theft of 27 sovereigns of gold jewellery, 1 kilogram of Silver, and Rs.1,00,000/- cash and pledged the stolen items at Muthoot Finance Ltd, Ammapalayam. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has no role in the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 25.10.2025 and she is ready to cooperate for investigation, hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that petitioner along with other accused committed theft of 27 sovereigns of gold jewellery, 1-kilogram of Silver and cash of Rs.1,00,000/- and pledged the stolen properties at Muthoot Finance Ltd at Ammapayalam. He further submitted that the investigating officer made a requisition to the Muthoot Finance Ltd and actively taking steps for retrieving the stolen properties pledged by the petitioner and the main accused in this case was already arrested and remanded to judicial custody, hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the rival submissions made by the learned counsel on either side, the main accused in this case was already arrested and still in judicial custody, the respondent police also taking steps to retrieve the stolen properties and also considering the period of incarceration undergone by the petitioner from 25.10.2025, this Court is inclined to grant bail to the petitioner subject to certain conditions.

[a] 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 Judicial Magistrate, Sankarapuram and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26-12-2025 Jai

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.

To 1.The Inspector of Police Moongilthuraipattu Police Station, Kallakurichi District.

2. The Judicial Magistrate, Sankarapuram.

3. The Sub Jail for Women, Villupuram.

4. The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

jai CRL OP No. 35367 of 26-12-2025