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Madras High CourtCRL OP/19609/2025granted

S.Girija v. The State Rep By, The Inspector Of Police

2025-07-10Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Girija ... Petitioner Vs.

The State represented by The Inspector of Police, Economic Offences Wing, Ashok Nagar, Chennai-83.

... Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, for enlargement of the petitioner on bail pending investigation of Crime No.7/2025 on the file of the respondent Police. For Petitioner :

Mr.C.Gunasekaran For Respondent :

Mr.R.Vinoth Raja, Government Advocate (Crl. Side)

ORDER

The petitioner who arrested and remanded to judicial custody on 22.05.2025 in connection with Crime No.7 of 2025 for offence under Sections 409, 420, 120(B) of IPC and Sections 21(1), (2), (3) and 23 of Page No.1 of 6

Banning of Unregulated Deposit Schemes Act, 2019 on the file of the respondent Police, seeks bail.

2.The contention of the learned counsel for the petitioner is that the petitioner is a Manager of Aphro Trust, who was doing some social work helping the Women Self Help Group. There was some understanding among the trustees and the Trust become dis-functional. Due to which, now, the petitioner was arrested on the complaint of the defacto complainant alleging that she had been cheated to the tune of Rs.57,99,633/-. A4's properties to the tune of Rs.12 crores have been attached vide G.O.(Ms).No.132, dated 09.02.2016. He further submits that the petitioner is innocent and she has been falsely implicated and she is in confinement from 22.05.2025.

3.Learned Additional Public Prosecutor submitted that the petitioner is the Manager of Aphro Trust, which had cheated the general public primarily the downtrodden people and the Women Self Help Group. The Government has attached A4's properties in the year 2016. Hence, strongly Page No.2 of 6

opposed for grant of bail.

4.Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the fact that already the properties of A4 have been attached, this Court is inclined to grant bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail on her 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 Special Judge under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Chennai 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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[c]the petitioner shall make herself available for interrogation by a Police Officer as and when required;

[d]the petitioner shall not directly or indirectly cause any threat to the defacto 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.

10.07.2025 Speaking Order/Non Speaking Order Index : Yes/No vv2 Page No.4 of 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.The Special Judge under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Chennai.

2.The Central Prison of Puzhal-3 (Women), Chennai.

3.The Inspector of Police, Economic Offences Wing, Ashok Nagar, Chennai-83.

4.The Public Prosecutor, Madras High Court.

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M.NIRMAL KUMAR, J.

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