Thilagavathi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11450 of 2025
1. Thilagavathi 2.Revathy 3.Vinothini .. Petitioners/Accused Vs.
The State rep by The Inspector of Police, CCB-I, Chennai City, Chennai.
(Crime No.129 of 2024) .. 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 by the respondent police in Crime No.129 of 2024 on the file of the respondent police.
For Petitioners : Mr.G.Balachandar For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side) Page No.1 of 6
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 120(B), 34, 419, 420, 447, 465, 468 & 471 of IPC in C.C. No.129 of 2024, seek anticipatory bail.
2. It is the case of the prosecution that the first accused had impersonated the defacto complainant and executed a power of attorney in his favour in the year 2017; that based on the said power, he had executed a sale deed in favour of the second accused; that the second accused was known to the 8th accused; that the petitioners are the wife and employees of the 8th accused; that the second accused obtained the bank details of the petitioners from the 8th accused and transferred a sum of Rs.2,00,000/-, Rs.1,50,000/- and Rs.1,50,000/-, respectively, to the petitioners and thereafter, withdrew the said cash. Hence, the case.
3. The learned counsel for the petitioners/A11 to 13 would submit that the allegations are false; that the similarly placed co-accused was granted anticipatory bail in Crl.O.P. No.4312 of 2025 dated 26.02.2025 and Page No.2 of 6
A2 was granted bail in Crl.O.P. No.5738 of 2025 dated 07.03.2025 and A1 was granted bail in Crl.O.P. No.7459 of 2025 dated 18.03.2025 and that in any case custodial interrogation of the petitioners are not required and prayed for anticipatory bail.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and confirmed the fact that amount of Rs.2,00,000/-, Rs.1,50,000/- and Rs.1,50,000/- was transferred to the account of the petitioners and further submitted that A1 & A2 were granted bail by this Court.
5.
It is not the case of the prosecution that the petitioners have committed impersonation. The petitioners are sought to be implicated as an accused only because a sum of Rs.2,00,000/-, Rs.1,50,000/- and Rs.1,50,000/- were transferred to their account by the second accused. It is for the respondent to ascertain if the said money was transferred pursuant to a conspiracy or if there were other transactions between the accused and the petitioners. Considering the nature of allegations, this Court is of the view Page No.3 of 6
that since the allegations are borne out by records, the custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.
Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned CCB, CBCID Court at Egmore on condition that the petitioners shall execute a separate 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: [a] the petitioners 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. Page No.4 of 6
[b] the petitioners shall report before the respondent police as and when required;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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.
17.04.2025 Index : Yes / No Internet : Yes / No rkp Page No.5 of 6
SUNDER MOHAN , J.
rkp To 1.The Inspector of Police, CCB-I, Chennai City, Chennai.
2.The learned Judge, CCB, CBCID Court, Egmore. 3.The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No.11450 of 2025 17.04.2025 Page No.6 of 6