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2025 DAILYLAW 12669 (MAD)

SANTHI MEENA @ MEENACHI v. THE STATE REP BY THE INSPECTOR OF POLICE

CRL OP/729/2025 · 2025-01-10

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.729 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.729 of 2025 Santhi Meena @ Meenachi ... Petitioner Vs. State rep. by Station House Officer, DCB Police Station, Villupuram. (Crime No. 20 of 2022). ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.20 of 2022, pending investigation on the file of the respondent Police. For Petitioner : Mr.N.Shajahan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R Petition seeking bail in respect of Crime No.20 of 2022 registered for the offences punishable under Sections 417, 420, 109 and 120(B) of IPC, is on 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.729 of 2025 board for consideration. 2. The incarceration of the petitioner being from 12.12.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He would submit that the petitioner earlier mortgaged the jewels with a Pawn broker and the Pawn broker had brought the jewels in an auction, at that time, the petitioner sought help of the defacto complainant and taken him to the Pawn broker and the jewels were retrieved from the Pawn broker and handed over to the defacto complainant. He would submit that the retrieved jewels later found to be spurious jewels. He would submit that the Pawn broker is a person who has given the spurious jewels. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court. 3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that, the petitioner along with other accused induced the defacto complainant, stating that the original jewels came for auction, believing the same, the defacto complainant had paid a sum of Rs.15,67,000/- and redeemed the jewels and thereafter, the redeemed jewels were found to be spurious one. He would further submit that the petitioner has two previous cases of similar nature 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.729 of 2025 in Puducherry and that investigation is still pending. 4. At this juncture, learned counsel appearing for the petitioner submitted that the petitioner is a destitute woman and her two children are now in the orphanage in Puducherry. He would further submit that the petitioner is in judicial custody for more than 20 days and the further judicial custody of the petitioner may not be required and he prays for the grant of bail to the petitioner. 5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate I, Villupuram, 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 report before the respondent police everyday at 10.30 a.m., until further 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.729 of 2025 orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.01.2025 dsn 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.729 of 2025 To 1. The learned Judicial Magistrate I, Villupuram. 2. The Station House Officer, DCB Police Station, Villupuram. 3. The Superintendent, Women Sub-Jail, Cuddalore. 4. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.729 of 2025 A.D.JAGADISH CHANDIRA.,J. dsn Crl.O.P.No.729 of 2025 10.01.2025 6/6 https://www.mhc.tn.gov.in/judis