Kanipriya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Kanipriya ... Petitioner / Accused No.16 Vs The State of Tamil Nadu represented by the Inspector of Police, CBCID South Police Station, Theni, Theni District.

(Crime No.02 of 2022) ... Respondent / Complainant For Petitioner : Mr.Thirumalai Venkatesan, Advocate For Respondent : Mr.Veerakathiravan Additional Advocate General III Assisted by Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.02 of 2022 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused No.16, who was arrested and remanded to judicial custody on 04.01.2022 for the alleged offences under Sections 109, 409, 465, 466, 468, 471, 472 and 477(A) of IPC and under Sections 13(1)(c), 13(1)(d)(i) and 13(2) of Prevention of Corruption Act, 1988, in Crime No.02 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons indulged in converting the patta land into private lands in connivance with the Officials. There are totally 18 accused persons in this case and the petitioner has been arrayed as A18. The allegation against the petitioner is that, she was the Village Administrative Officer during the relevant point of time and she connived with the other accused persons and enabled them to convert the Government Porambokke Lands into private patta lands and register the same before the Sub Registrar.

4. When the bail petition came up for hearing on 09.01.2024, the learned Additional Advocate General, appearing on behalf of the respondent submitted that an application was filed for police custody and the Court below has also granted 2/6

one day police custody. In view of the same, the matter was directed to be listed for hearing before the Vacation Court.

5. The learned Additional Advocate General submitted that, the petitioner was taken on police custody and later was produced before the Court below and immediately, the petitioner was placed under Judicial Custody.

6. The learned counsel for the petitioner submitted that, petitioner being a lady, has suffered incarceration from 04.01.2025. He further submitted that the petitioner is a Cancer Patient and to substantiate the same, the medical report which forms part of the type set of papers was relied upon by the learned counsel for the petitioner.

7. The learned counsel for the petitioner submitted that, the petitioner is willing to comply with any condition imposed by this Court.

8. Heard the learned counsel on either side and perused the material records of the case.

3/6

9. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 04.01.2025 and also considering the fact that the petitioner was taken on police custody and also considering the medical grounds that have been raised by the petitioner and also the fact that the entire case is borne out by records and considering the fact that the patta has already been cancelled and the lands have been restored in the Revenue Records to its original position, this Court is inclined to grant bail to the petitioner subject to the following conditions:

10. 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, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Theni, 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 Monday at 10.30.a.m., until further orders.

4/6

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 20/01/2025 / TRUE COPY / 20/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

5/6

TO 1 THE CHIEF JUDICIAL MAGISTRATE, THENI.

2 THE INSPECTOR OF POLICE, CBCID SOUTH POLICE STATION, THENI, THENI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, NILAKOTTAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M/S.THIRUMALAI VENKATESAN, Advocate ( SR-513[I] dated 20/01/2025 )

ORDER

IN CRL OP(MD) No.617 of 2025 Date :20/01/2025 SS/SAR- /20/01/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6