High Court · 2025

CRL OP No. 31906 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20-11-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL OP No. 31906 of 20251. Alli RaniW/o.Ramarajan, residing at no.30, 3rd Cross Street, Health Employees Colony, Nainarmandapam, Pondicherry-605 004Petitioner(s)Vs1. State , rep by The Station House Officer,Vigilance and Anti Corruption P.S Cr.No.3/2023Respondent(s)PRAYERThis petition has been filed seeking to set aside the endorsement/ order dated 11.11.2025 of the learned Special Judge (under the Prevention of Corruption Act), Puducherry returning the application in Crl.M.P.Sr.No.21356 of 2025, the petitioner for modification of bail condition in Crl.M.P.No.2085 of 2025 dated 28.10.2025 and consequently, modify and relax the condition imposed vide order dated 28.10.2025 in Crl.M.P.No.2085 of 2025.For Petitioner(s):Mr.T.Sai KrishnanFor Respondent(s):Mr.M.V.Ravichandra Murthy,Public Prosecutor, PuducherryORDER1 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025This petition has been filed seeking to set aside the endorsement/ order dated 11.11.2025 of the learned Special Judge (under the Prevention of Corruption Act), Puducherry returning the application in Crl.M.P.Sr.No.21356 of 2025, the petition for modification of bail condition in Crl.M.P.No.2085 of 2025 dated 28.10.2025 and consequently, modify and relax the condition imposed vide order dated 28.10.2025 in Crl.M.P.No.2085 of 2025.2.The petitioner/accused in Crime No.3 of 2025 for the offences under Sections 409, 420 IPC r/w.34 IPC and 13(1)(a) of the POC Act was arrested and produced for remand on 28.10.2025 and the bail application filed before the remanding Court, considering the health condition that the petitioner was not stable, the petitioner, a senior citizen had some health issues, granted bail and directed to execute a bond for Rs.1 lakh with two sureties, further directed the petitioner to appear before the Medical Board and subject to medical examination, she has to appear before the respondent police daily at 10.00 a.m. until further orders. After obtaining bail, the petitioner appeared before the Medical Board on 30.10.2025 and thereafter, appeared before the respondent from 31.10.2025 up to 09.11.2025 and duly complied the order for 10 days. On 30.10.2025, the petitioner examined in Indira Gandhi Medical College and Research Institute. Thereafter, on 10.11.2025, the petitioner developed cardiac 2 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025problem and her health condition deteriorated and she was rushed to Apollo Hospital, Chennai and admitted in emergency and thereafter, shifted to Billroth Hospitals on 11.11.2025 for further cardiac treatment and she took treatment as inpatient and stunt was placed on 12.11.2025 and thereafter, she was discharged on 15.11.2025. The petitioner in the meanwhile, on 11.11.2025 filed a petition before the trial Court seeking to relax the condition when she was admitted in the hospital. The trial Court returned the petition on 11.11.2025 for the reason which is as follows: ''State how this petition is maintainable, as interim bail was granted. Hence, returned''.This according to the petitioner, is not proper.3.The learned counsel for the petitioner submitted that after medical treatment, the petitioner attempted to appear before the respondent but the respondent not entertained the petitioner, hence she was unable to continue with the condition. In the meanwhile, a cancellation of bail petition was filed by the respondent and the petitioner made her objection giving medical reasons and the orders yet to be passed.4.The learned Public Prosecutor would submit that the petitioner was granted interim bail but without specific period, the petitioner after executing sureties appeared before the respondent. The petitioner was directed to appear 3 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025before the Medical Board and the Medical Board had given a report that the petitioner is a person with history of Diabetes Mellitus, Hypertension and further she got history of exertional breathlessness and throat discomfort on moderate exertion. She was brought to the emergency ward on 28.10.2025 and on evaluation of her health condition, the Doctors gave a report that she is fit for remand. The cancellation of bail petition filed on receipt of medical report. In the cancellation petition, the petitioner as well as the prosecution arguments advanced and orders yet to be passed. He further submitted that in this case, the petitioner's health condition and her medical records now produced, is not seriously objected. The trial Court in its wisdom considered the petitioner's bail petition based on her health condition and granted interim bail, but now the Medical Board gave opinion that she is fit for remand. The subsequent development of petitioner's health can be considered by the lower Court.5.Considering the submissions made and on perusing the medical records produced, it is seen that the case registered in the year 2023 for supply of medicine during the year 2019. In this case, the petitioner was arrested and interim bail granted finding the petitioner's health condition unstable. Though the order is interim bail, the same extended without any specified period. Thereafter, the petitioner appeared before the Medical Board and she appearing before the 4 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025respondent complying with the condition for 10 days. On 10.11.2025, her health condition deteriorated and she developed discomfort, exertional breathlessness was rushed to Apollo Hospital, Chennai, where she was admitted in emergency and thereafter, she shifted to Billroth Hospitals on 11.11.2025 took treatment as inpatient and stunt was placed on 12.11.2025 and thereafter, she was discharged on 15.11.2025. Thereafter, she attempted to appear before the respondent, but not entertained. The petitioner's absence is only due to her health condition and further the Medical Board, report is that the petitioner to avoid physical and mental stress which might be a acute coronary which now developed and the petitioner sustained chronic issue.6.Considering the petitioner's health condition, the offence is of the year 2019, FIR is of the year 2023; the petitioner a lady, a senior citizen with heart ailments, interim bail already granted, this Court finds that the trial Court returning the petition not considering the same on the medical grounds, is not proper. 7.In view of the same, the interim bail granted to the petitioner is made absolute with same bond and surety considering the age and health condition of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025the petitioner. The petitioner is directed to appear before the respondent police and cooperate with investigation, as and when required.8.In the result, this Criminal Original Petition is disposed of.20-11-2025dnIndex:Yes/NoNeutral Citation:Yes/NoNote to Registry:Issue order copy today.B/o.Dn20.11.20256 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025To1.State, rep by The Station House Officer,Vigilance and Anti Corruption P.S Cr.No.3/20237 https://www.mhc.tn.gov.in/judis CRL OP No. 31906 of 2025M.NIRMAL KUMAR, J. dnCRL OP No. 31906 of 2025 20-11-20258