Lakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Lakshmi ... Petitioner/Sole Accused Vs THE STATE The State rep.by, The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

Crime No.29 of 2023. ... Respondent/Complainant For Petitioner : M/s.Suresh Kannan C, Advocate.

For Respondent : Mr.A.Albert Jamesc, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.29 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 380 of I.P.C., in Crime No.29 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had committed theft of gold jewels, while attending a child naming ceremony on 03.12.2022. Hence, the case.

3.The learned counsel for the petitioner would submit that the 1/3

petitioner is an innocent and a false complaint has been given on suspicion. He would further submit that the petitioner's husband passed away very recently and that she is ready to cooperate for investigation. Hence, he would seek for anticipatory bail.

4. learned Government Advocate (crl. side) would submit that the de-facto complainant suspects that the petitioner has committed theft of six sovereigns of gold jewels. He would further submit that the petitioner did not cooperate for investigation. Hence, he vehemently opposed for grant of anticipatory bail. 5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration of the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.I, Nagercoil, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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, daily at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders. [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]. 2/3

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

sd/- 16/02/2023 / TRUE COPY / / /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

3 THE INSPECTOR OF POLICE KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.SURESH KANNAN C Advocate SR.No.2448(I)

ORDER

IN CRL OP(MD) No.3072 of 2023 Date :16/02/2023 VA/BUC/SAR-4/28.02.2023/3P/6C 3/3