M. Jothimani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Jothimani, W/o.Maharajothi, ..Petitioner/Sole Accused Vs The Inspector of Police, Thilagar Thidal, C-4 Police Station, Madurai District.

(Crime No.269 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Sargunam, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.269 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner /Sole Accused, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Section 303(2) of BNS, in Crime No.269 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 25.06.2025, at about 12.00 noon, the defacto complainant was travelling in a share auto from Tirupparankundram to Anna Nagar, at that time, she kept a big shopper bag, which contained cash Rs.1 lakh and gold chain weighing 2.5 sovereigns, on the way, at Andalpuram, one lady aged about 40 years got into the auto and she alighted from the Auto at 12.30 near Pandi Bazaar at 12.45 pm. When the defacto complainant got down from the auto, she noticed that the said cash and jewel were missing. Hence, the complaint. 3.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He would further submit that there is no share auto facility directly from Tirupparankundram to Anna Nagar, which itself shows that it is a false case. The petitioner is in custody from 01.07.2025 nearly 23 days. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) would submit that on 25.06.2025, at about 12.00 noon, the defacto complainant was travelling in a share auto from Tirupparankundram to Anna Nagar, at that time, she kept a big shopper bag, which contained cash Rs.1 lakh and gold chain weighing 2.5 sovereigns, on the way, at Andalpuram, one lady aged about 40 years got into the auto and she alighted from the Auto at 12.30 near Pandi Bazaar at 12.45 pm. When the defacto complainant got down from the auto, she noticed that the said cash and jewel were missing. He would further submit that the petitioner is having 44 previous cases, out of which 17 cases were pending similar in nature. Hence, he opposed to grant bail to the petitioner.

5.In reply, the learned counsel for the petitioner would submit that the petitioner has not been convicted even in a single case.

6. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the properties have already been recovered and the occurrence had taken place on 25.06.2025, by this time most of the investigation might have been completed and also considering the fact that the petitioner/Accused is in 3/6

judicial custody from 01.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, 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 learned Judicial Magistrate No.II, Madurai 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 contact number to the learned Judicial Magistrate No.II, Madurai. If the petitioner changes her residential address, she shall report the same to the learned Judicial Magistrate No.II, Madurai;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m., and 05.00 pm until further orders. [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.

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[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 released on bail by the learned Magistrate/Trial Court herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 24/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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4 THE INSPECTOR OF POLICE, THILAGAR THIDAL, C-4 POLICE STATION, MADURAI.

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

+1 CC to M/s.B.SARGUNAM, Advocate ( SR-8016[I] dated 25/07/2025 )

ORDER

IN CRL OP(MD) No.12460 of 2025 Date :24/07/2025 AS/25.07.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6