S.Ramaswamy v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Ramaswamy ... Petitioner Vs.

State rep. by The Inspector of Police, CCB-I, Chennai.

Crime No.3 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.3 of 2025 pending on the file of the Respondent police. For Petitioner :

Mr.S.Prabhakar For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 27.03.2025, for the offence punishable under Sections 417, 419, 465, 467, 468, 471 r/w 109 & 120 (b) I.P.C. in connection with Crime No.3 of 2025, registered 1/7

on the file of the respondent, seeks bail.

2.The case of the prosecution is that petitioner is arrayed as A1 and that, A1 had misrepresented one Bhaavathi Pilla, father of the defacto complainant; that he had executed general power of attorney on 03.01.2019 to A2; and that A2 on the strength of the general power of attorney had executed sale deed on 31.01.2019 to the petitioner; and that the A3 had mortgaged the said property to the Nationalised Bank; and that A3 defaulted in the repayment of the loan and the property was brought to sale in public auction, which was purchased by A5 and A6. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is falsely implicated in this case. The petitioner is in judicial custody from 27.03.2025 and hence, further custody of the petitioner is not required. He also submitted that the co-accused has been granted bail. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

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5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, the submissions made by the learned counsels on either side, the fact that co-accused has been granted bail and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his executing a 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 learned Metropolitan Magistrate for Exclusive Trial of CCB Cases and CBCID Metro Cases at Egmore, Chennai, and on further conditions that: a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent Police 3/7

daily at 10.30 a.m. for a period of two weeks; thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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To

1. The Metropolitan Magistrate for Exclusive Trial of CCB Cases and CBCID Metro Cases Egmore, Chennai, 2.The Inspector of Police, CCB-I, Chennai.

3. The Superintendent, Central Prison-II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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