Thakkaram Sowthri v. The State Rep. By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Thakkaram Sowthri ... Petitioner/ Accused No.4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

(Crime No.93 of 2015) ... Respondent/Complainant For Petitioner : M/s.P.Subha Rani For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.93 of 2015 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/5

26.06.2025 for the offences punishable under Sections 34, 109, 308(2), 411, 414 and 457(2) in Crime No.93 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint and stated that on 20.04.2025, totally six idols and on copper Vel was stolen from Arulmigy Aadhirethineshwarar Thirukovil in Thiruvadanai, Ramanathapuram District. The idols of goddess Sri Vinayagar, Sri Subramaniyar, Sri Chandrasekarar, Sri Bhavani Amman, Sri Sulappidari, Sri Asthiradevi and the one Copper Sel were stolen. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 26.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the Trial Court, due to which the Trial Court had issued Non-Bailable Warrant to the petitioner on 12.06.2024. He further submitted that accused Nos.1, 2 and 5 are still absconding. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is 2/5

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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional Chief Judicial Magistrate Court, Madurai District, 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 his residential address and mobile number to the learned Additional Chief Judicial Magistrate Court, Madurai District.

[c] If the petitioner changes his residential address, she shall report the same to the learned Additional Chief Judicial Magistrate Court, Madurai District.

[d] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders.

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

[f] the petitioner shall not tamper with evidence or witness either 3/5

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/- 02/09/2025 / TRUE COPY / 02/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr To

1. The Additional Chief Judicial Magistrate, Madurai District.

2. The Superintendent, Central Prison, Madurai District.

3. The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

4/5

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

ORDER

IN CRL OP(MD) No.13726 of 2025 Date :02/09/2025 HPS/02.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5