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Madras High CourtCRL OP(MD)/12503/2025allowed

Sindhu v. The State Of Tamilnadu Rep.By

2025-08-06Honourable Mr Justice P.Vadamalai8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD).No.10069 of 2025 Sindhu ..Petitioner/ Accused No.9 Vs State of Tamil Nadu Rep by the Inspector of Police, District Crime Branch, Karur District.

(Crime No.09 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Sankar Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) For Intervenor : Mr.K.Suresh PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.09 of 2024 on the file of the respondent police. 1/8

ORDER : The Court made the following order :- The petitioner / Accused No.9, who was arrested and remanded to judicial custody on 19.06.2025 for the offences punishable under Sections 120(b), 406, 420, 465, 468, 471 of IPC, in Crime No.09 of 2024 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that the defacto complainant is running a business in the name of M/s.Abhinav Fabrics Private Limited. The 1st accused who was the Special District Revenue Officer in TIDCO proposed to help the defacto complainant in expanding his textile business by securing government contract through his contacts in Assam and other states. Thereafter, the 1st accused has introduced the 2nd accused who is the BDO in Erode. Further, the accused 1 and 2 have introduced the accused 3 to 8 to the defacto complainant. The accused have asked the defacto complainant to take order in DIMA HASAO AUTONOMOUS COUNCIL and on believing their words , the defacto complainant has sent products such as Blanket, Mosquito net, Surgical masks, gloves etc., worth Rs.7,92,00,198/- to the accused. After receiving the orders, the accused have cheated the defacto complainant and they have not sent any amount to the defacto complainant. Further, the defacto complainant has sent a sum of Rs.41,27,000/- to 2/8

the account of the 6th accused for solar panel order, a sum of Rs.25,00,000/- to the account of the 7th accused and a sum of Rs.6,57,50,000/- to the account of the 3rd accused firm viz. Kasibo Technologies Private Limited and a sum of Rs.60,00,000/- to the account of the 8th accused. The total amount involved in this case is Rs.15,75,77,198/- . Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she is the wife of A3. Further, co-accused A1 and A2 have already been granted statutory bail by the Judicial Magistrate No.1, Karur in Crl.MP.Nos.957 and 950 of 2025 dated 05.05.2025. He would further submit that the respondent police have issued a summon to the petitioner to appear for enquiry on 22.03.2025 and she appeared and produced the bank statements. Again, the petitioner appeared on 12.04.2025 and gave statements and relevant records. Further, the respondent police have filed remand report before the learned Judicial Magistrate Court No.1, Karur, stating that the petitioner involved in this case and she is the director of M/s Kasibo Technologies Private Limited. He further submit that there is no previous case pending against the petitioner and she is in judicial custody from 19.06.2025. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) would submit that there are totally 9 nine accused persons involved in this case and the petitioner is arrayed as A9 and she is the wife of A3. He would further submit that the petitioner along with other accused persons have cheated the defacto complainant to the tune of Rs.15,75, 77, 198/-. He would further submit that the investigation is almost completed and there is no previous case pending against the petitioner. However, he objected to grant bail to the petitioner.

5. The learned counsel for the defacto complainant/Intervenor submitted that the petitioner along with other accused persons have cheated the defacto complainant to the tune of Rs.15,75,77, 198/- and the petitioner along with her husband /A3 received a sum of Rs.6,57,50,000/- Further, the petitioner's husband has not been secured and if the petitioner is released on bail, she may abscond. Hence, he strongly opposed for grant of bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and also the fact that A1, A2 have been arrested and thereafter , they were released on statutory bail by the Judicial Magistrate No.1, Karur, on 05.05.2025 in 4/8

Crl.MP.Nos.957 & 950 of 2025 and the petitioner's name was not found in the FIR and subsequently, the petitioner's name was added as A9. Further, A4 and A5 have been arrested and thereafter they have been granted interim bail and the investigation is almost completed and also consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate Court No.1, Karur, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish hers residential address and mobile number to the learned Judicial Magistrate Court No.1, Karur. 5/8

(c)If the petitioner changes her residential address, she shall report the same to the learned Judicial Magistrate Court No.1, Karur. [d] the petitioner shall stay at Karur and report before the respondent police daily at 10.30 a.m., and 05.30 p.m., until further orders.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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8. Accordingly, this Criminal Original Petition is allowed and connected Criminal Miscellaneous Petition is closed.

sd/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Judicial Magistrate Court No.1, Karur.

2. Do through the Chief Judicial Magistrate, Karur.

3. The Superintendent, Women Central Prison, Tiruchirappalli.

4. The Inspector of Police, District Crime Branch, Karur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.12503 of 2025 Date :06/08/2025 PS/SAR.07.08.2025 8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8