S.Meenakshi @ Ponnuthai vs State Of Tamilnadu

K.K.Ramakrishnan, J

The petitioner, who was arrested and remanded to judicial custody on 12.11.2025 for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 379 of the Indian Penal Code, 1860), in Crime Nos.519 of 2025 and 485 of 2025 on the file of the respondent police respectively, seeks bail.

The case of the prosecution is that on 23.07.2025 at about 3.45 and on 11.08.2025 at about 9.45 a.m., when the defacto complainants deboarded the bus, the petitioner, along with A1, committed theft of 8½ sovereigns of gold jewels in the respective cases. Hence, based on the complaints given by the defacto complainants, the cases have been registered for the aforesaid offences.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and that she has not committed any offence as alleged by the prosecution. He further submitted that though she has previous cases, all of them are now posted for trial and the amount involved in both cases has already been recovered from the house of the petitioner. He further submitted that A1 has already been released on bail. Hence, he sought the grant of bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has been completed and the final reports have been filed before the learned Judicial Magistrate No.I, Padmanabhapuram. He further submitted that the jewels involved in both cases were recovered from the house of the petitioner and that this Court has already directed the Trial Court to complete the trial. Hence, he objected to the grant of bail to the petitioner.

This Court heard the learned counsel appearing on either side and perused the materials placed on record.

Considering the fact that this Court had directed the Trial Court to furnish the stage of the cases and that the Trial Court has reported that three cases are pending against the petitioner and has sought further 2 months time to complete the trial, and also considering the fact that the articles have already been recovered and that the petitioner has been in custody from 12.11.2025, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, these petitions are allowed and the petitioner is ordered to be released on bail on executing 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 Court No.I, Padmanabhapuram, and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the learned Judicial Magistrate No.I, Padmanabhapuram, daily at 10.30 a.m. until further orders. In the event of failure, the Investigating Officer is at liberty to file an application for cancellation of bail.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond 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 is 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

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.