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Madras High CourtCRL OP(MD)/15562/2025granted

Geetha v. State Of Tamilnadu Rep By Inspector Of Police, Thogamalai

2025-09-22Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Geetha ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Represented by the Inspector of Police, Thogamalai Police Station, Karur District.

(Crime No.324 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.E.Antony Sahaya Prabahar Government Advocate (Crl.Side) For Intervenor : Mr.M.Sankar PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.324 of 2025 on the file the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 21.08.2025 for the offences punishable under Sections 318(4) and 312(2) of BNS, in Crime No.324 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner has made arrangement for loan in the bank and a sum of Rs.9,41,130/- was credited into the account of the defacto complainant. Further, the petitioner has informed the defacto complainant that the amount was mistakenly credited into her account. Therefore, she has requested the defacto complainant that the amount may be transferred to the account of the 2nd accused. Therefore, the defacto complainant has credited a sum of Rs. 9,41,130/- to the account of the 2nd accused and thereafter, every month a sum of Rs.20,871/- has been debited from the account of the defacto complainant. Further, the petitioner along with other accused persons have cheated the defacto complainant. Hence, the complaint. 2/7

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 petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 21.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) 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 consideration the period of 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.10,000/- (Rupees Ten Thousand only) 3/7

with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.1, Kulithurai District, 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 is directed to deposit a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.324 of 2025 before the learned Judicial Magistrate Court No.1, Kulithurai. On such deposit, the learned Judicial Magistrate Court No.1, Kulithurai , shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate Court No.1, Kulithurai , shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.324 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial.

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

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 22.09.2025 msrm 5/7

To

1. The learned Judicial Magistrate Court No.1, Kulithurai

2. The Superintendent, Central Prison Trichy.

3. The Inspector of Police, Thogamalai Police Station, Karur Distrit.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.15562 of 2025 Date : 22.09.2025 7/7