CRL OP(MD). No.15380 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP(MD)No.15380 of 2026 Shyamala ... Petitioner / Accused No.4 Versus The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch, Thoothukudi District. (Crime No.3 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.3 of 2026 on the file of the respondent police. For Petitioner : Mr.R.J.Karthick, Advocate For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl. Side) For Intervener : Mr.Ka.Ramakrishnan 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 ORDER : The Court made the following order :- The petitioner / Accused No.4, who was arrested and remanded to judicial custody on 08.07.2026, for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.3 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner is arrayed as A4 in the present case. It is alleged that the petitioner, in collusion with the bank appraisers, namely A1 and A2, pledged spurious gold jewels as genuine gold ornaments and availed a loan to the tune of Rs.38,00,000/-. Subsequently, during the course of an audit, it was revealed that A1 and A2 had colluded with the other accused and sanctioned loans by accepting spurious gold ornaments as security, causing wrongful loss to the Bank to the tune of Rs.1.32 crores. Accordingly, the present case came to be registered. 3. The learned counsel for the petitioner submitted that the petitioner is a woman and that she was deceived by A1. It was contended that the petitioner did not derive any pecuniary benefit from the alleged 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 transactions. According to the learned counsel, the petitioner, only with an intention to assist A1, who was known to her, agreed to pledge the jewels without knowing that they were spurious. After obtaining the loan amount, she transferred the entire amount to the bank account of A1 and his wife. The learned counsel for the petitioner further submitted that the petitioner has no criminal antecedents and has been in judicial custody since 08.07.2026. He also submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. Hence, he prayed that this Court may be pleased to grant bail to the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and submitted that there are totally six accused in the case and the petitioner is arrayed as A4. It was submitted that A1 and A2 have already been arrested and that the petitioner was arrested only recently. According to the prosecution, the petitioner had availed a loan of Rs.38,00,000/-, and so far only Rs.33,00,000/- has been recovered from A1. No amount has been recovered from the petitioner. Since the investigation is still in progress, the learned Government Advocate 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 opposed the grant of bail. 5. The learned counsel appearing for the intervenor also opposed the petition, submitting that two other accused are still absconding and that the investigation is at a crucial stage. It was further submitted that, if the petitioner is released on bail at this stage, there is every likelihood of the recovery of the remaining amount being hampered. Hence, he prayed for dismissal of the bail petition. 6. This Court has carefully considered the rival submissions and perused the materials available on record, particularly the statements recorded from A1, A2 and the petitioner. 7. The materials prima facie disclose that the petitioner had agreed to pledge the gold ornaments at the instance of A1, with whom she was acquainted, and thereby facilitated the commission of the alleged offence. The investigation further reveals that the loan amount credited to the petitioner's bank account was subsequently transferred to the bank account of A1. However, this Court is of the view that, though the 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 petitioner had actively participated in pledging the gold ornaments, the materials available at this stage indicate that she was not the ultimate beneficiary of the transaction, as the entire loan amount was transferred to A1. Taking into consideration the fact that the petitioner is a woman, that she has been in judicial custody, and considering the overall facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Thoothukudi, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of six weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 27.07.2026 pal 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 To 1.The Judicial Magistrate No.IV, Thoothukudi. 2.The Officer-in-Charge, Special Sub-Jail for Women, Kokkirakulam, Tirunelveli. 3.The Inspector of Police, District Crime Branch, Thoothukudi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15380 of 2026 K.RAJASEKAR ,J. pal ORDER IN CRL OP(MD) No.15380 of 2026 Date : 27.07.2026 8/8 https://www.mhc.tn.gov.in/judis