Poongodi v. The State Rep by the Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed by the petitioner seeking modification of the condition imposed in Crl.M.P.No.3365 of 2024 dated 18.12.2024 on the file of the learned Principal Sessions Judge, Salem, as modified by this Court in Crl.O.P.No.29328 of 2025 dated 29.10.2025, and to permit the petitioner to be released on bail on her executing a personal bond without surety.

¶2The learned counsel for the petitioner submitted that the petitioner was arrested on 22.09.2024 and was granted bail by the learned Principal Sessions Judge, Salem, in Crl.M.P.No.3365 of 2024 dated 18.12.2024, subject to the condition that she shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the learned Judicial Magistrate, Omalur.

¶3Since the petitioner was unable to comply with the said condition, she filed Crl.M.P.No.2073 of 2025 seeking modification of the bail condition. The said petition came to be dismissed by the learned Principal Sessions Judge, Salem, on 23.07.2025. Thereafter, the petitioner filed Crl.O.P.No.29328 of 2025 before this Court seeking modification of the bail condition. By order dated 29.10.2025, this Court modified the condition and directed that the petitioner be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety for a like sum to the satisfaction of the learned Judicial Magistrate, Omalur.

¶4The learned counsel further submitted that the petitioner is still unable to furnish even one surety, as no one is willing to stand as surety for her. Hence, she prayed for further modification of the bail condition.

¶5Considering the above factual circumstances, particularly the fact that the petitioner was granted bail on 18.12.2024 and has remained in custody for more than one and a half years solely on account of her inability to furnish surety, this Court is inclined to modify the condition imposed in Crl.O.P.No.29328 of 2025 dated 29.10.2025 to the effect that "the petitioner shall be released on bail on her executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Omalur". The other conditions imposed earlier shall remain unaltered.

¶6Accordingly, this Criminal Miscellaneous Petition is allowed.

29.06.2026 cda

C.KUMARAPPAN, J. cda To

1.The Inspector of Police, Omalur Police Station, Salem District.

2.The Public Prosecutor, High Court of Madras.

29.06.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.06.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN in Crl.O.P.No.29328 of 2025 Poongodi ... Petitioner Vs. State Rep by its The Inspector of Police, Omalur Police Station, Salem District. (Crime No.541 of 2024) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to modify the bail condition imposed in Crl.M.P.No.3364 of 2025 dated 18.12.2024 on the file of the learned Principal Sessions Judge, Salem, as modified by this Court in Crl.O.P.No.29328 of 2025 dated 29.10.2025, and permit the petitioner to be released on bail on executing her own bond/personal bond without surety. For Petitioner : Ms.D.Jeevitha For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side)