Muniyammal Alias Jeeva v. State Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Muniyammal @ Jeeva Petitioner(s) Vs State represented by, The Inspector of Police, District Crime Branch, Cuddalore District.
Crime No.40 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in connection with the case in Crime No.40 of 2025 pending investigation on the file of the Respondent Police. For Petitioner(s):
Mr.AGD Bala Kumar For Respondent(s):
Mr.A.Gopinath, GA (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.09.2025, for the offence punishable under Sections 420 of IPC, in Crime No.40 of 2025, seeks bail.
2.The case of the prosecution is that the petitioner is a schoolmate and family friend of the defacto complainant. The accused's son, Satheeshkumar, intended to establish a chit fund company named 'Shamugavelan Chit Fund' in which A2 and A3 were proposed to serve as Directors. The plan required each investor to contribute Rs.1 Crore. The defacto complainant paid Rs.96,09,456/- toward his share of the investment to A1 on various dates. He alleges that A1 returned only Rs.15,75,000/- as his share of the profits, and provided two cheques for Rs.50 lakhs, which were dishonored. The defacto complainant was fraudulently excluded from the directorship of the Shamugavelan Chit Fund, and the accused failed to return the investment amount, thereby cheating him. 3.The learned counsel appearing for the petitioner submitted that the
petitioner is ranked as A3 and mother of A1 and since her bank account was used for the purpose transacting the money, she has been implicated as an accused and she has also been arrested and in custody from 16.09.2025. Hence, the learned counsel prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.side) for the respondent would submit that the petitioner along with other accused colluded together and received a huge of Rs.96,09,456/- and repaid only Rs.15,75,000/- and provided two cheques for Rs.50 lakhs, which were dishonored. It is further reported that there is no previous cases pending against this petitioner and the investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances, the majority of the allegations is only against A1 and A2, petitioner is woman and there is no previous cases pending against the petitioner, the stage of investigation and further
incarceration of the petitioner is not necessary and hence I am inclined to grant bail to the petitioner subject to the following conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Cuddalore, 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 10.30 a.m.
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.
03-11-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.State represented by, The Inspector of Police, District Crime Branch, Cuddalore District.
2.The JM-II, Cuddalore.
3.Central Prison, Cuddalore.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 29807 of 03-11-2025