Sandhiya v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Sandhiya

... Petitioner/Accused No.15 Vs State Rep.by The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District. (Crime No.27 of 2023)

... Respondent/Complainant For Petitioner : Mr.J.Sankara Pandian, Advocate For Respondent : Mr.RMS.Sethuraman,

Additional Public Prosecutor. PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.27 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on

01.09.2023 for the alleged offence punishable under Sections 294(b), 406, 420, 506(i) and 120(b) IPC in Crime No.27 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the first accused received jewels from so many persons and pledged the same in Muthoot Finance at Puthiyamputhur, at Thoothukudi, on promise of giving huge returns for the said jewels. She also conspired with other accused and mortgaged the jewels in their names also. Totally, A1 received 85 sovereigns of gold from the defacto complainant and his relatives. When the defacto complainant asked about the amount, the first accused threatened him with dire consequences. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is an employee of the Muthoot Finance Company and there is no specific overt act as against the petitioner herein and he is in custody from 01.09.2023, hence he seek bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner along with other accused conspired together and collected jewels from the villagers and pledged the same in the Muthoot Finance Company. Thereafter, they failed to give money and also failed to return the jewels. Hence, he strongly objected to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner.

5.Heard both sides and perused the materials available on record.

6.Considering the facts and circumstances and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012) 1 SCC 40, this Court is inclined to grant bail to the petitioners, subject to the following conditions: [i] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.IV, Thoothukudi District and on further conditions that:

(ii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iii) the petitioner shall appear before the trial Court on summons.

(iv)the petitioner shall not tamper with evidence or witness;

(v)the petitioner shall not abscond during trial.

(vi) 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].

(vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 11/10/2023 / TRUE COPY /

11/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. gns TO 1 THE JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI, THOOTHUKUDI DISTRICT. 4 THE OFFICER INCHARGE, WOMEN PRISON, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI. ORDER IN CRL OP(MD) No.18191 of 2023 Date :11/10/2023 RS//SAR-(11.10.2023) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023