K.Selvi v. The State Rep By Its

M.NIRMAL KUMAR, J.

This matter came up for hearing today under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner. 2.In the order, dated 15.05.2025 in Crl.O.P.No.15319 of 2025, the copy of the order has been wrongly marked to "The Inspector of Police, Ethappur Police Station, Salem District" instead of "The Sub-Inspector of Police, H-6 R.K. Nagar Police Station, Korrukupet, Chennai - 21". 3.Registry is directed to issue the fresh order copy after incorporating the necessary corrections.

23.05.2025 rsi Page No.1 of 7

M.NIRMAL KUMAR, J.

rsi 23.05.2025 Page No.2 of 7

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.05.2025

CORAM:

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR CRL O.P. No.15319 of 2025 K. Selvi W/o. Kannan ... Petitioner/Accused Vs State rep. by:- The Sub-Inspector Of Police, H-6 R.K. Nagar Police Station, Korrukupet, Chennai-21.

... Respondent [Cr. No.261 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 528 of B.N.S.S., praying to modify the condition imposed in Paragraph 5(b) of the anticipatory bail order passed by the Principal Sessions Court, Chennai in Crl. M.P. No.3688 of 2025 dated 30.04.2025.

For Petitioner : Mr. V. Sambamurthy For Intervenor: Mr. V. Karthick For Respondent : Mr. V. Meganathan Government Advocate [Criminal side] Page No.3 of 7

ORDER

This petition has been filed to modify the condition imposed in Paragraph 5(b) of the anticipatory bail order passed by the Principal Sessions Court, Chennai in Crl. M.P. No.3688 of 2025 dated 30.04.2025 that "the petitioner shall deposit a sum of Rs.5 lakhs to the credit of Cr. No.261 of 2025 before the trial Court".

The petitioner/accused had filed a petition for anticipatory bail before the Sessions Court, Chennai in Crl. M.P. No.3688 of 2025. While entertaining the anticipatory bail petition, the learned Principal Sessions Judge had directed the petitioner to deposit a sum of Rs.5 lakhs to the credit of Cr. No.261 of 2025 before the trial Court. Against which, the present petition has been filed.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner was running a Deepavali Chit Fund and there were 25 subscribers and the petitioner had not refunded the deepavali chit amount to them at right time. The Lower Court had directed the petitioner to deposit the entire amount of Rs.5 lakhs, which is onerous condition. He further Page No.4 of 7

contended that there was deepavali chit amount to be refunded, but it is not Rs.5 lakhs. The petitioner is a Cleaner working in Nataraj Hotel, George Town and she had never seen such a huge amount. Without any material, the respondent police have registered the present case against the petitioner and hence the condition may be relaxed.

4. The learned counsel appearing for the intervenor / defacto complainant submitted that the petitioner had collected deepavali chit amount from the defacto complainant and others promising that on the eve of Deepavali, substantial amount would be paid along with sweets, crackers and articles, but the petitioner had cheated them by collecting huge amount. He would further submit that the petitioner has got source for repaying Rs.5 lakhs and hence objected for modification.

5. The amount involved in this case is Rs.5 lakhs. The petitioner is working as a Clearner in an hotel and she is residing in a rented house. Therefore, this Court is inclined to modify the condition No.5(b) in the Lower Court order passed in Crl. M.P. No.3688 of 2025 dated 30.04.2025, wherein, instead of Rs.5 lakhs, the petitioner is directed to deposit Rs.1 lakh Page No.5 of 7

[Rupees One Lakh only] to the Credit of Cr. No.261 of 2025 before the trial Court. In turn, the trial Court shall deposit the said amount in any one of the nationalized bank in Fixed Deposit accruing interest. The other conditions imposed in the order in Crl. M.P. No.3688 of 2025 shall remain unaltered.

15.05.2025 mjs To 1.The Principal Sessions Court, Chennai.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector Of Police, Ethappur Police Station, Salem District. Page No.6 of 7

M.NIRMAL KUMAR, J.

mjs CRL O.P. No.15319 of 2025 15.05.2025 Page No.7 of 7