Maari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/05/2024 PRESENT THE HON`BLE MRS.JUSTICE S.SRIMATHY Maari, ... Petitioner/Sole Accused Vs The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.
(Crime No.107 of 2024) ... Respondent/Complainant For Petitioner :Mr.T.Indrachithu,Advocate.
For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.107 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /sole accused, who was arrested and remanded to judicial 1/5
custody on 08.04.2024, for the offence under Section 379 of IPC in Crime No.107 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner has stolen a sum of Rs.300/- from the defacto complainant, while she was travelling in a Government Bus. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, she is languishing in jail from 08.04.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent police submits that the petitioner belongs to the State of Kerala and the investigation is yet to be completed.
5. Considering the facts and circumstances of the case and also taking note of the period of incarceration, this court is inclined to grant bail to the petitioner.
6. 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 2/5
for a like sum to the satisfaction of learned Judicial Magistrate No.I, Kuzhithurai and on further conditions that :- a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. b) the petitioner shall produce a copy of her Aadhar Card before the Magistrate Court.
c) the petitioner shall report before the respondent police as and when required.
d) the petitioner shall not abscond either during investigation or trial. e) the petitioner shall not tamper with evidence or witness either during investigation or trial.
f) 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 is 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].
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g) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 22/05/2024 / TRUE COPY / 22/05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO THE JUDICIAL MAGISTRATE NO.I KUZHITHURAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.
THE OFFICER INCHARGE WOMEN PRISON, THAKKALAI, KANYAKUMARI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-5554[I] dated 22/05/2024 )
ORDER
IN CRL OP(MD) No.7368 of 2024 Date :22/05/2024 PKP/22.05.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5