Sudalaiyammal v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Sudalaiyammal ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Mattuthavani Police Station, Madurai City.

(Crime No.497 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Mathava Selvam For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.497 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.06.2025 for the offences punishable under Sections 316(2), 318(4) and 354 of BNS, 1/6

in Crime No.497 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.02.2025, the defacto complainant and A1 got acquaintance with each other while they were travelling in a bust to Tiruchendur, The 1st accused introduced herself as Fortune teller. Then, 1st accused asked the defacto complainant to give a sum of Rs.201/- towards donation for conducting a ritual stating that the defacto complainant was affected with bewitchment for the past 11 years and the defacto complainant obtained the phone number of 1st accused. Subsequently, 1st accused asked the defacto complainant to send money for the same accordingly, the defacto complainant sent the money through G-pay from her neighbour's account. In March 2025, the 1st accused informed the defacto complainant that she discovered a treasure in her client's house, which is worth about of Rs.

35 Crores and that she would give half share to the defacto complainant, for which, she demanded her to pay some amount. In the meantime, the 1st accused introduced 2nd accused to the defacto complainant stating that he is her Guruji, who initially discovered the treasure of Rs.35 Crores. Accordingly, on various occasions, the defacto complainant has given gold jewels and cash. Later, the defacto complainant came to know that she was cheated by the accused persons to the tune of Rs.11 lakhs and 16 1⁄2 sovereigns of gold ornaments.

Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the 2nd accused had already been released on bail by the Lower Court in Crl.M.P.No.3915 of 2025 dated 07.08.2025. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 19.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused person have cheated the defacto complainant to the tune of Rs.11 Lakhs. He further submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that co-accused had already been released on bail by the Lower Court and the investigation has been almost completed and also consideration the period of 3/6

incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. 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 Judicial Magistrate No.IV, Madurai, 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 her residential address and mobile number to the Judicial Magistrate No.IV, Madurai. (c ) If the petitioner changes her residential address, she shall report the same to the Judicial Magistrate No.IV, Madurai. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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

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[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.

sd/- 14/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm 5/6

To

1. The Judicial Magistrate No.IV, Madurai.

2. Do through the Chief Judicial Magistrate, Madurai.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Mattuthavani Police Station, Madurai City.

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

+1 cc M/s.Mathava Selvam Advocate Sr.No.8892 Dt.18/08/2025

ORDER

IN CRL OP(MD) No.13587 of 2025 Date :14/08/2025 PR/18.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6