Hemalatha v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI CRL OP(MD). No.11497 of 2025 Hemalatha ... Petitioner/Sole Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Thenkarai Police Station, Theni District. (Crime No.266 of 2025) ... Respondent/ Complainant For Petitioner : Mr.P.Sivakumar,

Advocate. For Respondent : Mr.B.Thanga Aravindh,

Government Advocate (Crl. Side)

PETITION FOR BAIL Under Section 483 B.N.S.S. PRAYER :- For Bail in Crime No.266 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 02.06.2025 for the offences punishable under Sections 294(b), 406, 420 and 506(1) IPC, in Crime No.266 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner had cheated the defacto complainant to the tune of Rs.9 lakhs in the name of securing a Government job for her son. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 02.06.2025 nearly 36 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent would submit that it is a case of job racketing and the petitioner had cheated the defacto complainant to the tune of Rs.9 lakhs. He would further submit that the amount was not recovered and investigation is pending and that the petitioner is having one previous case. Hence, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and considering the fact that by this time, investigation might have been completed and taking note of the fact that the petitioner remanded into judicial custody on

02.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, 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, Periyakulam 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 contact number to the Judicial Magistrate, Periyakulam. If the petitioner changes her residential address, she shall report the same to the Judicial Magistrate, Periyakulam; [c] the petitioner shall appear and sign 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/-

08/07/2025

/ TRUE COPY /

/ /2025

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TO

¶1The Judicial Magistrate, Periyakulam.

¶2Do through the Chief Judicial Magistrate, Theni District.

¶3The Officer in Charge, Sub Jail, Nilakkottai.

¶4The Inspector of Police, Thenkarai Police Station, Theni District.

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

ORDER

IN

CRL OP(MD) No.11497 of 2025

Date :08/07/2025

MGJ (08.07.2025) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from

17.07.2023