Aarthi v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Aarthi ... Petitioner/Accused

Vs The State of Tamilnadu, Rep By, The Inspector of Police, Alagappapuram Police Station, Sivagangai District. Cr.No.4 of 2026. ... Respondent/Complainant For Petitioner : Mr.D.S.Haroon Rasheed

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Cr.No.4 of 2026 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 28.01.2026 for the offences punishable under Sections 304(2) of BNS (Corresponding under Sections 379 of IPC), in Crime No.4 of 2026 on the file of the respondent police, seeks bail.

¶2The prosecution's case is that the petitioner along with other accused persons had stolen two sovereign of gold chain from the mother-in-law of the de facto complainant. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the co-accused has already been released on bail and she is in judicial custody from

28.01.2026. Hence, he seeks bail to the petitioner.

¶4The learned Government Advocate (Crl. side) submitted that there are three previous cases pending against the petitioner and the stolen property has been recovered. However, he opposed for grant of bail to the petitioner.

¶5Taking into consideration of the fact that the co-accused has already been released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, 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, Karaikudi, 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 appear before the respondent police daily at 10.30 a.m., and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation. [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 BNS. (S S Y J)

20.02.2026 jbr TO

¶1The learned Judicial Magistrate Karaikudi.

¶2The Superintendent, Sub Jail, Paramakudi.

¶3The Inspector of Police, Alagappapuram Police Station, Sivagangai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.3683 of 2026 Date : 20/02/2026