CRL OP(MD). No.5685 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.5685 of 2025 Sugapriya, W/o.Manobalan, No.17-1A, SPK Road, Sokkanathapuram Chinnamanur Town, Uthamapalayam Taluk, Theni District. ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Chinnamanur Police Station, Theni District. Crime No.334 of 2024 ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) For Intervener : Mr.S.Sundarapandian, Advocate PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.334 of 2024 on the file of the Respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.03.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5685 of 2025 grant bail. 2. The petitioner/Accused No.1 was arrested and remanded to judicial custody on 05.03.2025 for the offences punishable under Section 305 of BNS, 2023, in Crime No.334 of 2024, on the file of the respondent-police. 3. The case of the prosecution is that the petitioner is a neighbour of the defacto complainant. She befriended the defacto complainant, who is aged about 65 years. The petitioner used to visit the house of the defacto complainant regularly. On 20.07.2024, the defacto complainant and his wife went to attend a function, at which point of time the wife of the defacto complainant was wearing gold jewellery. Upon returning, those gold jewels were kept in a drawer. Thereafter, from 20.07.2024 till 16.08.2024, except for the petitioner, no one had entered the house of the defacto complainant. While so, on 16.08.2024, the gold jewellery was found missing from his house. Hence, the case. 4. Mr.K.M.Karunakaran, learned counsel appearing for the petitioner, submits that the petitioner has not committed any offence as alleged by the prosecution and that a false case has been foisted against the petitioner. He further submits that the petitioner has been in judicial custody since 05.03.2025 and is ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioner has nine months old baby. Therefore, he prays for granting bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5685 of 2025 5. In response to the above said submission, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner stole 14 ½ sovereigns of gold jewels from the house of the defacto complainant. He further submits that out of 14 ½ sovereigns of gold jewels, only 10 sovereigns of gold jewels was recovered from the petitioner herein. He further submits that Accused No.2 is still absconding. He further submits that except this case, there is no previous case pending against the petitioner. He further submits that if bail is granted to the petitioner, she may abscond and thereby cause a delay in the investigation proceedings. Hence, he strongly opposes to grant bail to the petitioner. 6. Mr.S.Sundarapandian, learned counsel appearing for the intervener, submits that only 10 sovereigns of gold jewels was recovered from the petitioner herein. He further submits that if bail is granted to the petitioner, he may cause threat to the defacto complainant. Hence, he vehemently opposes to grant bail to the petitioner. 7. Heard on both sides. This Court has perused the case file. 8. The petitioner was arrested on 05.03.2025 and has been in judicial custody since then. The petitioner has permanent residence and deep roots in the society, and hence, there is less possibility of absconding. Considering the same, and also considering the period of incarceration and the fact that the petitioner has nine months old baby, and with a view to give an opportunity to the petitioner to reform 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5685 of 2025 herself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Uthamapalayam; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Uthamapalayam, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate, Uthamapalayam; (iv) The petitioner shall appear and sign before the learned Judicial Magistrate, Uthamapalayam, on all working days, at 10.30 a.m., until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023; (vi) The petitioner shall not commit an offence similar to the offence of she is accused, or suspected, of the commission of which she is suspected; 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5685 of 2025 (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; (ix) The petitioner should not enter into the house of the defacto complainant; and (x) On breach of any of the aforementioned conditions, learned Judicial Magistrate, Uthamapalayam, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. sd/- 28/03/2025 / TRUE COPY / 28/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5685 of 2025 TSG TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, MADURAI. 4 THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-3643[I] dated 28/03/2025 ) ORDER IN CRL OP(MD) No.5685 of 2025 Date :28/03/2025 SA/SAR. /28.03.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6 https://www.mhc.tn.gov.in/judis