Gomathi v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Gomathi ... Petitioner Vs.

The State represented by The Sub Inspector of Police, Karimangalam Police Station, Dharmapuri District.

(Crime No.524 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.524 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.A.Velmurugan For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 28.12.2025, for the offence punishable under Sections 296(b) and 108 of BNS, 2023 in Crime No.524 of 2025, registered on the file of the respondent, seeks bail.

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2. The allegation against the petitioner is that the petitioner is ranked as A7 in this case and it is alleged that she along with other accused are the members of the Women Self Help Group at Dharmapuri. The deceased collected money from some of the accused herein for the purpose of selling the loan of the accused herein. However. The deceased had deposited only Rs.6,00,000/- and misappropriated the balance amount of Rs.6,55,000/- without repaying it in the Bank. Hence, the accused quarreled with the deceased and demanded back the money, unable to bear the humiliation, deceased committed suicide by consuming poison. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that it is a case of default in payment of money and that the petitioner has not involved in abetting the deceased to commit suicide and she was not present at the time of occurrence and prays to grant bail. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the deceased in this case handed over the money to this petitioner, however the petitioner has misappropriated the same and so far no money is recovered. Hence, he opposed to grant bail to the 2/6

petitioner.

5. Considering the fact that the petitioner being a lady and the period of incarceration and also the fact that it is a case of suicide, this Court is inclined to grant bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Karimangalam and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.01.2026 sma 4/6

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. District Munsif Cum Judicial Magistrate, Karimangalam 2.The Sub Inspector of Police, Karimangalam Police Station, Dharmapuri District.

3.The District Prison, Dharmapuri.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 22.01.2026 6/6