Meenasundari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Meenasundari ... Petitioner/Accused No.1 Vs The Inspector of Police Sholavandan Police Station, Madurai.

(Crime No. 181 of 2024) ... Respondent/Complainant For Petitioner :

M/s.Ganesh Kumar.G., Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No. 181 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 21.08.2024 for the offences punishable under Sections 331(3), 331(4) and 305(a) of BNS in crime No. 181 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner herein and other accused 1/4

trespassed into the house of the defacto complainant and opened the bureau and looted away the ornaments weighing about 14 1⁄4 sovereigns of and cash of Rs.50,000/-. Hence, the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. The case is serious in nature. As the petitioner said to have been involved in theft of jewellery, the jewels have also been recovered. Only considering the fact that there are no other bad antecedents for the petitioner and that she being a lady having two children and considering the fact that she is in custody from 21/8/2024, 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, Vadipatti.

(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; 2/4

(ii)the petitioner shall appear before the respondent Police daily at 10.30 a.m 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/09/2024 / TRUE COPY / 26/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3/4

4 THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.GANESH KUMAR, Advocate ( SR-11842[I] dated 26/09/2024 )

ORDER

IN CRL OP(MD) No.16219 of 2024 Date :26/09/2024 RS//SAR-(26.09.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4