Kowsalya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kowsalya, ... Petitioner/Sole Accused Vs The Inspector of Police, Karungal Police Station, Kanyakumari District.
Crime No. 148/2024.
... Respondent/Complainant For Petitioner : M/s. Indrachithu.T, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC.483 OF BNSS PRAYER :- For Bail in Crime No. 148 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 1/4
22.06.2024 for the offences punishable under Sections 379 I.P.C., in crime No. 148 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner herein had stolen the purse of the defacto complainant.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the overall facts and circumstances of the case and considering the nature of allegation made that the petitioner had stolen the purse of the defacto complainant and that the petitioner was arrested on 22.06.2024 and that there is no bad antecedent to the petitioner, I am inclined to enlarge the petitioner on bail.
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 learned Judicial Magistrate, Eranial, Kanyakumari District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police as and when required for interrogation;
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(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]; (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/08/2024 / TRUE COPY / 08 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO
1. THE JUDICIAL MAGISTRATE, ERANIAL, KANYAKUMARI DISTRICT.
2. DO-THROUGH, THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGARCOIL.
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3 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.
4. THE OFFICER INCHARGE, WOMEN PRISON, THAKKAL, KANYAKUMARI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-9662[I] dated 08/08/2024 )
ORDER
IN CRL OP(MD) No.12923 of 2024 Date :08/08/2024 PSP/ /SAR /08.08.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4