Jeyanthi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Jeyanthi ... Petitioner/Sole accused Vs The State of Tamil Nadu, Rep.by the Sub-Inspector of Police, Vadamadurai Police Station, Dindigul District.
Crime No.84/2025 ... Respondent/Complainant For Petitioner :
Mr.M.Pitchai Muthu Advocate For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.84 of 2025 on the file of the respondent- police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6
grant bail.
2. The petitioner/sole accused was arrested and remanded to judicial custody on 28.02.2025 for the offences punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, in Crime No.84 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 27.02.2025, at about 3.00 p.m., while the defacto complainant was participating in the temple festival, the petitioner herein snatched a 1-gram gold dollar from the defacto complainant. Immediately, the defacto complainant raised an alarm. Consequently, the public chased the petitioner and caught her red-handed. Hence, the complaint.
4. Mr.M.Pitchaimuthu, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, that she has not committed any offence as alleged by the prosecution, and that a false case has been foisted against the petitioner. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that the stolen property has been recovered from the petitioner. He further submits that the investigation in this case has already been completed, and the charge sheet has been filed before the concerned Court. He further submits that 6 previous cases, which are similar in nature, are 2/6
pending against the petitioner, and therefore, if the petitioner is enlarged on bail, she may commit similar offences, abscond, cause threat to the defacto complainant, and delay the investigation. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records including the First Information Report.
7. The petitioner was arrested and remanded to judicial custody on 28.02.2025, and she has been in judicial custody for more than 29 days. Considering the nature of the offence allegedly committed by the petitioner, the fact that the property has been recovered from the petitioner, and the period of incarceration, and with a view to give one more opportunity to the petitioner to reform herself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Additional District Munsif - cum - Judicial Magistrate, Vedasandur, Dindigul District; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of 3/6
Practice, 2019']. The learned Additional District Munsif - cum - Judicial Magistrate, Vedasandur, Dindigul District shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall furnish her residential address and mobile number to the learned Additional District Munsif - cum - Judicial Magistrate, Vedasandur, Dindigul District;
(iv) The petitioner shall appear and sign before the learned Additional District Munsif - cum - Judicial Magistrate, Vedasandur, Dindigul District, on all working days at 10.30 a.m., until further orders;
(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected; (vii) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(viii) The petitioner shall not directly or indirectly any threat to the defacto complainant and the witnesses; and 4/6
(ix) On breach of any of the aforementioned conditions, the learned Additional District Munsif - cum - Judicial Magistrate, Vedasandur, Dindigul District is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 27/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, NILAKOTTAI, DINDIGUL DISTRICT.
4 THE SUB INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.5751 of 2025 Date :27/03/2025 RS/IT/SAR-(28.03.2025) 6P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6