Jayasudha v. State of Tamilnadu Rep by Inspector of Police, Dcb, Thanjavur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Jayasudha

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Thanjavur DCB Police Station Thanjavur District. (Crime No. 22 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.R.L.Dilipan Pandian

Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 22 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 23.08.2025 for the offences punishable under Section 316(4), 318(4) of BNS, 2023 in Crime No. 22 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner and the defacto complainant are working in same college, due to which the defacto complainant used to give withdrawal slips to the petitioner for taking amount from the bank. Taking adavantage of the same, the petitioner illegally transferred a sum of Rs.32,77,806/- to the account of the petitioner. Hence the case.

¶3When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was already granted interim bail by the Sessions Court and thereafter, due to non-compliance of the conditions imposed by the Sessions Court, the bail petition was dismissed. After dismissal of the bail petition, the petitioner did not surrendered. Therefore, this petition is not maintainable.

¶4The learned counsel for the petitioner also admitted the fact that earlier, the petitioner approached the Sessions Court for bail and thereafter, interim bail was granted to her on condition to deposit a sum of Rs.27,77,806/- to the defacto complainant, out to which she paid a sum of Rs.11,00,000/-, but unable to pay the entire amount and thereby, unable to comply with the conditions imposed by the Sessions Court. Hence, the Sessions Court dismissed the bail application and thereafter, the petitioner has not surrendered. Therefore, he prays to grant bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

¶6On perusal of the records, it is seen that the petitioner came out on bail based on the interim order passed by the Session Court and thereafter, due to non-compliance of conditions ordered, the bail petition was dismissed. Even after the dismissal of the bail application, the petitioner has not surrendered, and hence, the petitioner is not in custody. Without custody, this bail petition is not maintainable and therefore, this bail application cannot be entertained.

¶7Accordingly, this Criminal Original Petition is dismissed.

(P D B J)

25.03.2026 apd Note: Issue on 25.03.2026.

To

1.The Inspecto of Police Thanjavur DCB Police Station Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e5827eofe2026 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o5827oofo2026 Date : 25.03.2026