Sen Kaveri v. State Of Tamilnadu Rep By Inspector Of Police, Panagudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sen Kaveri (F/28/2025), W/o.Ramesh, ... Petitioner/ A5 Vs State represented by, The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

(Crime No.457 of 2025) ... Respondent/Complainant For Petitioner :

Mr.S.Srikanth For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER : For Bail in Crime No.457 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Accused No.5, who was arrested and remanded to judicial custody on 09.05.2025 for the offences punishable under Section 309(6) of BNS 2023, 1/5

in Crime No.457 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that the defacto complainant is working as Supervisor in SAV Petrol pump at Punniyavalanpuram and on 05.05.2025 @ 11.00 a.m., when the defacto complainant went to bank for depositing the sale amount of Rs.36,06,000/- in his bike bearing Registration No.TN 72 AV 8440, at that time, the petitioner along with other accused persons have intercepted the defacto complainant and grabbed a sum of Rs.36,06,000/- Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that co-accused/A6 had already been released on bail by this Court in Crl.O.P.(MD).No.9889 of 2025 dated 12.06.2025 and A8 had been released on bail by this Court in Crl.O.P.(MD).No.10540 of 2025 dated 24.06.2025. He further submitted that the petitioner is in judicial custody from 09.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally ten accused persons in this case and the petitioner has been arrayed as A5. He further submitted that only Rs.26,00,000/- (Rupees Twenty Six lakhs only) has been recovered from the accused persons. He further submitted that there is one previous case pending against the petitioner. Hence, he objected to grant bail to the 2/5

petitioner.

5. Considering the facts and circumstances of the case and also the fact that coaccused had already been released on bail by this Court and the investigation has been completed and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Valliyoor, 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 furnish her residential address and mobile number to the learned Judicial Magistrate, Valliyoor. (c)If the petitioner changes her residential address, he shall report the same to the learned Judicial Magistrate, Valliyoor, [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[e] the petitioner shall not abscond either during investigation or trial.

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

[g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 30/06/2025 / TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, 4/5

TIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE, WOMEN SUB JAIL, KOKIRAKULAM, TIRUNELVELI.

4 THE INSPECTOR OF POLICE, PANAGUDI, PANAGUDI POLICE STATION, TRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10849 of 2025 Date :30/06/2025 NBF/30.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5