Ramya Gandhi v. State Rep By, The Lnspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ms.Ramya Gandhi ... Petitioner(s) /Accused Vs.
State rep. by The Inspector of Police, LFIW -II, Team - 25, Central Crime Branch, Vepery, Chennai - 7.
... Respondent(s)/ Complainant Crime No.91 of 2024 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest concerned in Crime No.91 of 2024 pending on the file of the respondent police.
For petitioner(s) : Mr.V.J.Arul Raj For Respondent(s) : Mr.S.Santhosh, Page No.1 of 7
Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 120B of IPC in Crime No.91 of 2024 seeks anticipatory bail.
2. The case of the prosecution is that the second accused had impersonated as defacto complainant and had executed a Power of Attorney in favour of one K.Balagovindan/ the first accused, who in turn on the strength of the Power of Attorney, executed a Sale Deed in favour of M/s. Power Concrete Firm, in which, the fifth and sixth accused are the partners; that the petitioner is also a partner in the said firm; that no sale consideration was paid by the partnership firm, and thus, they were involved in the aforesaid offences. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the allegations are false; that the co-accused have already been granted anticipatory bail and that in any case, custodial interrogation is not required Page No.2 of 7
and sought for anticipatory bail to the petitioner.
4. Heard learned Government Advocate (Crl. Side) appearing for the respondent police, who reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.
5. Considering the aforesaid facts, the nature of allegations which is borne out by records; that the similarly placed co-accused has been granted anticipatory bail in Crl.MP.Nos.15009 & 15010 of 2024 dated 07.06.2024, and since, custodial interrogation of the petitioner is not required for the purpose of investigation, 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 made ready, before the learned Additional Chief Metropolitan Magistrate for CCB Cases, Egmore, Chennai, on condition that the petitioner shall execute a separate bond for a sum of Page No.3 of 7
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 daily at 10:30 a.m.
[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 Page No.4 of 7
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 Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. The Inspector of Police, LFIW -II, Team - 25, Central Crime Branch, Vepery, Chennai - 7.
Page No.5 of 7
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned Additional Chief Metropolitan Magistrate for CCB Cases, Egmore, Chennai SUNDER MOHAN, J.
skr Page No.6 of 7
28.04.2025 Page No.7 of 7