Anitha Priya v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Anitha Priya ... Petitioner/Accused (In all petitions) Vs The Inspector of Police, Usilampatti Town Police Station, (Crime No.312 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16409 of 2024 (Crime No.513 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16413 of 2024 (Crime No.416 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16414 of 2024 (Crime No.363 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16415 of 2024 (Crime No.514 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16416 of 2024 (Crime No.547 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16417 of 2024 (Crime No.554 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16419 of 2024 (Crime No.584 of 2023) ... Respondent/Complainant in CRL OP(MD) No.16422 of 2024 (Crime No.31 of 2024) ... Respondent/Complainant in CRL OP(MD) No.16433 of 2024 1/5
(Crime No.61 of 2024) ... Respondent/Complainant in CRL OP(MD) No.16435 of 2024 (Crime No.139 of 2024) ... Respondent/Complainant in CRL OP(MD) No.16436 of 2024 (In all petitions) For Petitioner :
Mr.M.Jothi Basu, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor COMMON PRAYER :- For bail in Crime Nos.312,513,416, 363,514,547,554,584,31,61 & 139 of 2024 on the file of the respondent police.
COMMON ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 10.07.2024 for the offences punishable under Sections 457, 511 & 380 of IPC, in crime Nos.312, 513, 416, 363, 514, 547, 554, 584, 31, 61 & 139 of 2024, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and other accused have entered into the houses of the defacto complainants and have taken away the gold articles and a cash amount from them. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.
4.These cases are serious in nature. The petitioner and her husband are said to 2/5
have involved in an organized crime, whereby, they used to look out for the locked houses and commit burglary. As a matter of fact, the petitioner's husband had even purchased a spinning mill on account of such activities and only when the petitioner's husband was arrested in another case, and after the fingerprints were found to be matching, the present case is solved. The allegation against this petitioner is that she also went along with her husband and roamed in the streets to find out which are the locked houses and therefore, actively took part in the offence. Only considering the fact that the petitioner is said to be pregnant for five months and that she is in judicial custody on 10.07.
2024 and there is no immediate likelihood of filing the charge sheet and the statutory period itself is approaching, I am inclined to enlarge the petitioner on bail with 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.25,000/- (Rupees Twenty Five Thousand only) with two common sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate No.
(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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 229A IPC.
sd/- 03/10/2024 / TRUE COPY / 03/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR 4/5
To 1.The District Munsif cum Judicial Magistrate No.I, Usilampatti, Madurai District.
2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, Usilampatti Police Station, 4.The Superintendent, Central Prison for Women, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Maudrai.
+11 CC to M/s.M.JOTHI BASU, Advocate ( SR-12092 to 12102[I] dated 03/10/2024 )
ORDER
IN Date :03/10/2024 ED/ /SAR- (03/10/2024) 5P / 17 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5