A.Sabeena v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Sabeena ... Petitioner/Accused No.2 Vs The Inspector of Police, Thirunagar Police Station, (Crime No.388/2024.) ... Respondent/Complainant For Petitioner :

M/s.T.Palanisamy, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.388/2024 on the file of the respondent police. ORDER : The Court made the following order :- 1/4

The petitioner/A2, who was arrested and remanded to judicial custody on 29.07.2024 for the offence punishable under Section 305 of BNS, 2023, in Crime No.388 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused have stolen 4 numbers of grill gates and a hundial, which were kept inside the kitchen portion of the temple. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegation against the petitioner that she broke open the hundial and stole the money and other valuables and also considering the facts that the petitioner has no previous case and is in jail from 29.07.2024, this Court is inclined to grant bail to the petitioner on certain conditions. 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 Judicial Magistrate Court No.6, Madurai.

(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 daily at 10.30 a.m., 2/4

for a period of three weeks and thereafter, as and when required for interrogation; (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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate No.VI, Madurai.

2.Do through the Chief Judicial Magistrate, 3/4

3.The Inspector of Police, Thirunagar Police Station, 4.The Superintendent, Central Women Prison, Madurai.

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

+1 CC to M/s.T.PALANISAMY, Advocate ( SR-10160[I] dated 20/08/2024 )

ORDER

IN CRL OP(MD) No.13633 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4