Lavenya v. State Of Tamilnadu, Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 3356 of 2025 Lavenya W/o Prabhakaran, No.23/91, Thangvel Street, Old Washermenpet, Chennai Petitioner(s) Vs State of Tamilnadu, Rep. by Inspector of Police, CCB-I, Chennai CCB Police Station, Chennai District. ) (Cr. No. 100 of 2024) Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.100 of 2024, on the file of the respondent police. For Petitioner(s): Mr. Raja Durai For Respondent(s): Public Prosecutor ****** 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 120B and 34 of IPC in Crime No.100 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, the petitioner along with other accused persons fraudulently transferred the property in favour of the other accused, which is actually owned by the Pachaiyappan Trust. Hence, this case.

3.

Learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has never committed any offence as alleged by the prosecution; that she has no knowledge about the alleged impersonation and forged documents; that she only signed as a witness in the document executed in favour of the other accused; that it is the case borne out by records and hence custodial interrogation of the petitioner is not required; and that the petitioner is ready to produce solvent sureties and 2/6

to abide by any stringent conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioner. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the petitioner and other accused were involved in the alleged offence of impersonation and executed sale of the property, which belongs to the said Trust; and that the investigation is pending, hence opposed for the grant of anticipatory bail to the petitioner. 5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the allegation is borne out by records and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the 3/6

petitioner with certain conditions.

7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Metropolitan Magistrate for the exclusive Trial of CCB Cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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 report before the respondent police as and when required for 4/6

interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.02.2025 stn 5/6

SUNDER MOHAN, J.

stn To

1. State of Tamil Nadu, Rep. by Inspector of Police, CCB-I, Chennai CCB Police Station, Chennai District.

(Cr. No. 100 of 2024) Crl.O.P. No.3356 of 2025 12.02.2025 6/6