S.Malathi v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Malathi ..Petitioner Vs The State rep.by, The Inspector of Police, Economic Offences Wing, Chennai.
Cr.No.7 of 2024.
..Respondent Prayer: Criminal Original Petition filed under section 483 of BNS Act to enlarge the petitioner herein on bail in connection with the Cr.No.7 of 2024 on the file of the respondent police.
For Petitioner:
Mr.S.Kingston Jerold For Respondent:
Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 28.01.2026 for the alleged offence under Section 406, 420 and 120(b) of IPC / 316(2), 318(4) and 61(2) of BNS and Section 5 of TNPID Act in Crime No.7 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused collected money and failed to repay the same. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that she has not committed any o ffence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.
4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that this petitioner is the Client relationship Manager under the A1 company where A2 and A3 are the Directors. He fairly submitted that A2 and A3 have already been released on bail by the TNPID Court and The petitioner has been incarcerated since 28.01.2026. However, he opposed the grant of bail to the Petitioner.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. From the submissions made by the learned counsel on either side, it is seen that the FIR was registered in the year 2024 and A2 and A3 have already
been released on bail by the TNPID Court. Considering the fact that the petitioner is only an employee of the A1 Company and her duration of incarceration since 28.01.2026, this Court is inclined to enlarge the petitioner on bail on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Chief Metropolitan Magistrate, Egmore, 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 two 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 the evidence or witness either during investigation or trial; [e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
23-03-2026 SHL 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. The Chief Metropolitan Magistrate, Egmore
2. The Central Prison, Puzhal
3. The Inspector of Police, Economic Offences Wing, Chennai.
4. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 23-03-2026