Arshitha Tiffani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.16452 of 2025 Arshitha Tiffani ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Rajakkamanagalam Police Station, Kanyakumari District.

(Crime No.198 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Karthikeyan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.R.J.Karthick PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.198 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.09.2025 for the offences punishable under Sections 303(2) of BNS, in Crime No.198 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had stolen the gold jewels belonging to the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 08.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the investigation is still pending and there is no previous case pending against the petitioner. However, he opposed for grant of bail to the 2/6

petitioner.

5. The learned counsel for the Intervenor submitted that the petitioner had stolen the gold jewels belonging to the defacto complainant. Hence, he strongly opposed for grant of bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioner, 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 the Judicial Magistrate No.1, Nagercoil, 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.

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[b] the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.198 of 2025 before the learned Judicial Magistrate No.1, Nagercoil. On such deposit, the learned Judicial Magistrate No.1, Nagercoil, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate No.1, Nagercoil, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.198 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. The respondent police is directed to freeze the account of the petitioner.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial.

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[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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 himself 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.

(S S Y J) 26.09.2025 msrm To

1. The Judicial Magistrate No.1, Nagercoil.

2. The Superintendent, Sub Jail, Thuckalay, Kanyakumari District.

3. The Inspector of Police, Rajakkamanagalam Police Station, Kanyakumari District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.16452 of 2025 Date : 26.09.2025 6/6