Geetha v. State Rep by Inspector of Police

ORDER The petitioner, who was arrested by the respondent Police for the offences under Sections 465, 468 and 420 read with Section 34 of the Indian Penal Code in Crime No.370 of 2022 on the file of the respondent police, seeks bail.

¶2Upon completion of the investigation, the charge sheet was filed and taken on file as C.C. No. 209 of 2025 before the learned XVIII Judicial Magistrate, Saidapet, Chennai. Although the learned Magistrate posted the matter for cross-examination of witnesses on two occasions, the petitioner deliberately failed to cross-examine them. Consequently, after issuing a show-cause notice, the learned Magistrate cancelled the bail granted to the petitioner.

¶3Mr. R. Yash Rathi, learned counsel for the intervenor, submitted that the petitioner sought adjournments out of a deliberate design to delay the trial proceedings. He further submitted that the learned Magistrate curtailed this delaying tactic by cancelling the petitioner's bail. Hence, he object to granting bail to the petitioner.

¶4At this juncture, the learned counsel for the petitioner invites the attention of this Court to the medical condition of the petitioner. A perusal of Page3 of 7 the discharge summary issued by the Madras Medical Mission reveals that the petitioner was admitted in the hospital on January 23, 2026, underwent Coronary Artery Bypass Surgery on January 29, 2026, and was discharged on February 4, 2026.

¶5It is the contention of the petitioner that solely due to her medical condition, she was unable to instruct her counsel for effective cross-examination, and there was no intention to delay the trial proceedings. At this juncture, upon instructions, the learned counsel submits that to demonstrate her bona fides, the petitioner is ready and willing to deposit a sum of ₹2,50,000/- to the credit of the calendar case without prejudice her defence in the above C.C.No.209 of 2025.

¶6Heard the learned counsel on either side and perused the materials available on record.

¶7Though this Court finds no infirmity in the order passed by the learned Magistrate cancelling the bail, considering the fact that the petitioner underwent Coronary Artery Bypass Surgery on January 29, 2026, and was discharged on February 4, 2026, and any further incarceration would certainly cause serious impact in her health condition. Hence, on this humanitarian ground alone, this Court is inclined to enlarge the petitioner on bail on the following conditions. Page4 of 7

¶8Accordingly, the petitioner is ordered to be released on bail on executing her own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the prison authority and on further conditions that:

(i) The petitioner shall deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thounsand only) to the credit of C.C.No.209 of 2025 on the file of the XVIII Judicial Magistrate, Saidapet, Chennai, within a period of four weeks from the date of her release from the prison. Failing which, the bail granted to the petitioner shall stand automatically cancelled without any further reference to the Court.

(ii) On such deposit being made, the Trial Court shall re-deposit the said amount in a Fixed Deposit Account, in any one of the Nationalised Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Case. [iii] the petitioner shall not abscond during trial; [iv] the petitioner shall not tamper with the evidence or witness during trial; [v] 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 Page5 of 7 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]; [vi] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page6 of 7 To

¶1The XVIII Judicial Magistrate, Saidapet, Chennai.

¶2The Inspector of Police J-13, Taramani Police Station, Chennai-600 113.

¶3The Superintendent, Central Prison, Puzhal

¶4The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o19707oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o19707oofo2026 21-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Geetha W/o. (Late) Ashok Kumar, No.18, 17th Street, Nehru Colony, Nanganallur, Pazhavanthangal, Kancheepuram, Tamil Nadu-600 114. ..Petitioner Vs State Rep by The Inspector of Police J-13, Taramani Police Station, Chennai-600 113. Crime No.370 of 2022. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 483 of BNSS. Praying to enlarge the petitioner on bail in C.C.No. 209 of 2025 on the file of the respondent police. For Petitioner Mr.B.Vetrivel For Respondent(s): For Intervenor Mr.Yogaraja Sekar Government Advocate (Crl.Side) Mr.R.Yash Rathi Page2 of 7