Thilagavathi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7868 of 2025 Thilagavathi .. Petitioners Vs.

The State rep by The Inspector of Police, Central Crime Branch, ACP-II, Team - II, Tambaram.

(Crime No.30 of 2023) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.30 of 2023 on the file of the respondent Police.

For Petitioners : M/s.Vishnu P For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 419, 465, 467, 468, 471, Page No.1 of 7

420, 120B of IPC in Crime No.30 of 2023, seek anticipatory bail. 2.

The case of the prosecution is that, the petitioner impersonated the defacto complainant and executed a power of attorney in favour of the third accused ; that the third accused entered into a sale agreement with the petitioner and received a sum of Rs.20,00,000/-; that thereafter the petitioner, on coming to know of the alleged impersonation, cancelled the sale agreement and thereafter, the third accused sold the property in favour of the seventh accused.

3.

The learned counsel for the petitioner would submit that the petitioner entered into a sale agreement with the third accused, which was subsequently cancelled; that the petitioner is a bonafide person who paid an advance of Rs.20,00,000/-; that in any case the allegations are borne out by the records and hence, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the Page No.2 of 7

petitioner, reiterated the prosecution case and submitted that the petitioner had entered into an sale agreement and gave a sum of Rs.20,00,000/- which was subsequently canceled vide Doc No.3998 of 2024. 5.

Considering the aforesaid facts, the nature of allegations, and since the allegations are borne out by the records, this Court is inclined this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

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 is made ready, before the learned Judicial Magisrate-I, Alandur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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: Page No.3 of 7

[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 daily at 10.30 a.m., until further orders.

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.

20.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 7

To 1.The Inspector of Police, Central Crime Branch, ACP-II, Team - II, Tambaram.

2. The learned Judicial Magisrate-I, Alandur. 3.The Public Prosecutor, Madras High Court, Chennai.

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SUNDER MOHAN , J.

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