T Pandiammal v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI T.Pandiammal, W/o.Tamilselvan ... Petitioner/A6

Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Seevalaperi Police Station, Tirunelveli District. (Crime No.69 of 2018) ... Respondent/Complainant

For Petitioner : Mr.Antony Arul Raj.T,

Advocate

For Respondent : Mr.S.Prakash,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.69 of 2018 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 380(2) and 457(2) of IPC in Crime No.69 of 2018 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 21.04.2018, at about 6.30 a.m., when the Archagar of "Arulmigu Alagar Sundararaja Perumal Kovil, Tirunelveli" arrived at the temple to perform his usual poojas, he found that the locks of the outer doors of the Artha Mandapam and Karuvarai had been broken. He then discovered that ancient idols, a cash of Rs.4,000/- from the Hundiyal, and a Valampuri Sangu had been stolen from the temple. Hence, the present case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. She has been arrayed as an accused in this case solely based on the confession of the co-accused. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

¶4The learned Government Advocate (Crl. side) submits that there are totally six accused persons in this case and the petitioner has been arrayed as A6. A1 to A4 were arrested ans subsequently released on bail, and A5 is still absconding. No properties have been recovered till date. Based on the confession of the co-accused, it was found that the stolen idols were kept in the petitioner's house and later cut into small pieces and sold. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that this is the case of the year 2018, and that four of the co-accused were arrested and subsequently released on bail, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Tirunelveli, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and 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 furnish her residential address and mobile number to the learned Judicial Magistrate No.III, Tirunelveli. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Tirunelveli;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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

(e) the petitioner shall not abscond 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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

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

sd/-

17/07/2025

/ TRUE COPY /

/08/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. mkn TO

1.The Judicial Magistrate No.III, Tirunelveli.

2.Do Through The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.ANTONY ARULRAJ, Advocate ( SR-7822[I] dated 21/07/2025 ) ORDER IN CRL OP(MD) No.11927 of 2025 Date :17/07/2025 SBN/06.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023