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Madras High CourtCRL OP(MD)/7454/2025granted

Muniammal @ Subblakshmi v. The State Of Tamil Nadu

2025-05-09Honourable Mr.Justice M.Jothiraman5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Muniammal @ Subbulakshmi ... Petitioner [petitioner name is amended vide order dated 09.05.2025] Vs The State of TamilNadu, Rep. by The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.65 of 2025) ... Respondent For Petitioner : Mr.K.Anbu Manikandan Tamil Sooriyan For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.65 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303 (2) of BNS, 2023 in Cr.No.65 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that when the defacto complainant was standing in the crowd meant for Kumbabishegam of Selva Vinayagar Temple, some mysterious persons cut her two sovereigns of gold. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. The petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that there are totally three accused persons in this case. During temple festival, the accused persons are said to have snatched the jewels of two victims. He would further submit that seven sovereigns of gold was recovered from A2 and the accused 1 and 2 were arrested and enlarged on bail. 2/5

5.Considering the allegations levelled against the petitioner and taking note of the fact that the jewels, which were stolen from two victims, were recovered from A2, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif cum Judicial Magistrate Court, Peravurani, Thanjavur District, 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. 3/5

[b] the petitioner shall report before the respondent Police every Monday and Friday 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 petitioners 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/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The District Munsif cum Judicial Magistrate Peravurani, Thanjavur District, 2 Do through the Chief Judicial Magistrate, Thanjavur @ Kumbakonam.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7454 of 2025 Date :09/05/2025 RK (15/05/2025) 5 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5