Rajenthiran @ Palakodi Rajenthiran v. The State Rep By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Rajenthiran @ Palakodi Rajenthiran ... Petitioner/A3 Vs.

The State represented by, The Station House Officer, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

(Crime No.758 of 2023).

... Respondent Common Prayer : Criminal Original Petitions filed under Section 483 of BNSS, to enlarge the petitioners on bail, in connection with Crime No.758 of 2023, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Mageshkumar For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.06.2025 for the offences punishable under Sections 419, 423, 465, 468 and 471 of IPC and Section 82(d) of the Registration Act in Crime No.758 of 2023 on the file of the respondent police, seeks bail. 1/8

2. The case of the prosecution is that the petitioner along with other accused created forged documents and by manipulation of documents and impersonation, fabricated public records including the Aadhar card of the defacto complainant's father and grabbed the properties belonging to the defacto complainant. Hence the case.

3. The learned Counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the entire case is borne out by documents. He further submitted that the co-accused/A4 & A5 were granted bail by this Court on 15.05.2025 in Crl.O.P.Nos.13597 and 12847 of 2025, respectively and A1 was granted anticipatory bail by this Court on 26.11.2024 in Crl.O.P.No.29517 of 2024. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police while opposing for grant of bail to the petitioner, reiterated 2/8

the prosecution case and submitted that the petitioner, who is the mastermind, created fake Aadhar card of the de-facto complainant's father and made A2 to impersonate the de-facto complainant's father and sold the property to A1 with the help of other accused. He further submitted that the petitioner is the king pin, who was behind this offence. He also submitted that the investigation in this case is still pending and the deeds executed based on the forged documents were cancelled.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on either side and on perusal of the material, it is seen that the petitioner is arrayed as A3 in this case and he was arrested on 10.06.2025. The learned Government Advocate filed a status report, in which, the overt act of each of the accused has been extracted, which reads as follows:

3/8

4/8

from the above it is seen that one Vellaiyan/A2, Advocate is the person behind the entire episode and he had been through and through with all the accused in creation of forged documents and execution of the same. The respondent police not taken any steps for custodial interrogation of A2 for the reason that he is an Advocate and notice under Section 41-A of Cr.P.C. issued, thereafter they left it as it is. Further, this Court already granted bail to the co-accused/A4 & A5 and anticipatory bail to A1. Now investigation in this case completed, charge sheet filed before the learned Judicial Magistrate, Thirukoilur through e-filing on 17.06.2025. The learned Government Advocate further submitted that as regards registration of F.I.R. against A2, already intimation sent to the Bar Council of Tamil Nadu to take appropriate action against A2. In view of the same, this Court is inclined to grant bail to 5/8

the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond each 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 Judicial Magistrate, Thirukoilur, Kallakurichi District 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, everyday at 10.30 a.m., for a period of thirty (30) days and thereafter, as and when required for further interrogation;

[c] the petitioners 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 6/8

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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 07.08.2025 rsi 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.

M.NIRMAL KUMAR , J.

rsi To 7/8

1. The Judicial Magistrate, Thirukoilur, Kallakurichi District.

2. The Station House Officer, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

3. The Superintendent, Sub Jail, Kallakurichi.

4. The Public Prosecutor, High Court of Madras.

07.08.2025 8/8