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Madras High CourtCRL OP(MD)/19603/2025granted

Kasthuri v. The State Of Tamilnadu

2025-11-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Kasthuri ... Petitioner/ Accused No.2 Vs The State of Tamil Nadu Represented by The Sub-Inspector of Police, Velayuthapalayam Police Station, Karur District.

[in Crime No.247 of 2025] ... Respondent/ Complainant For Petitioner : Mr.S.Louis For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.247 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(4), 305(a) of BNS Act later altered in the FIR dated 09.09.2025 to Sections 331(5), 305(a), 61 (2), 317(4) of BNS Act, in Crime No.247 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is the wife of the accused No.1 is guilty of receiving the stolen jewels from the accused No.1 who has stolen it from the house of the defacto complainant. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are 26 previous cases pending against the accused No.1. He further submitted that the petitioner is the wife of the first accused. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner is ready to deposit the original property documents before the trial Court, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Karur on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.II, Karur, and on further conditions that: (a) the petitioner and the sureties shall affix 3/6

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 mobile number to the learned Judicial Magistrate No.II, Karur. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Karur;

(c) The petitioner is directed to produce the original property documents before the trial Court. On such production of documents, the learned Judicial Magistrate shall accept the surety furnished by the petitioner. The petitioner shall not alienate or encumber the property in any manner;

(d) the petitioner shall report before the respondent police as and when required for the purpose of interrogation.

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

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(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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]; and;

(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 10.11.2025 ebsi TO

1. The Sub-Inspector of Police, Velayuthapalayam Police Station, Karur District.

2. The Judicial Magistrate No.II, Karur.

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

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S.SRIMATHY,J.

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