Rizwana Babu v. State Rep.By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rizwana Babu ..Petitioner(s) Vs State rep.by its, The Inspector of Police, Central Crime Branch, Land Garbing Wing, Avadi, Tamil Nadu-600 054.
Cr.No.51 of 2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge this Petitioner/accused herein on bail in Cr.No.51 of 2026 on the file of the respondent/complainant i.e. on the file of the Inspector of Police, Central Crime Branch, Land Garbing wing Avadi, Tamil Nadu-600 054, Chennai.
For Petitioner(s):
Mr.S.Mohan Raj For Respondent(s):
Mr.S.Yogaraja Sekar Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.05.2026 for the alleged offences under Sections 319 (2), 318 (4), 336 (2), 336 (3) and 340 (2) of BNSS Act, 2023, in Crime No.51 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that one Ramakrishnan impersonated the defacto-complainant, obtained a power of attorney without the knowledge of the
defacto-complainant and executed a sale agreement in favour of the petitioner. Hence, the case.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 08.05.2026. He further submitted that she is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays for the grant of bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that one Ramachandran impersonated the defactocomplainant to make it appear as if the defacto-complainant had executed the power of attorney. Using that power of attorney, the accused persons executed a sale agreement in favor of the petitioner. The specific overt act alleged against the petitioner is that she received the sale agreement from the power of attorney holder of the impersonator. Hence, he opposed for grant of bail to the petitioner.
5.Taking into consideration of long incarceration of the petitioner since 08.05.2026, and the fact that she is a woman, this court is of the firm view that her further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate I, Poonamalee, and subject to the following conditions: [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 daily morning at 10.30 AM for a period of two weeks days; thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
C.KUMARAPPAN, J.
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
18-06-2026 ep Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The Judicial Magistrate I, Poonamallee.
2.The Superintendent of Prison, Central Women Puzhal Prison Jail, Chennai.
3.The Inspector of Police, Central Crime Branch, Land Garbing Wing, Avadi, Tamil Nadu-600 054.
4.The Public Prosecutor High Court of Madras.