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Madras High CourtCRL OP/33400/2025granted

Mrs.Rajeswari Indrakumar v. The State Rep By The Inpsector Of Police

2025-12-05Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33400 of 2025 Rajeshwari Indrakumar ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Central Crime Branch (CCB), Tambaram Police Station, Sozhinganallur - 600119.

(Crime No.20 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.20 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. R. Chandrasudan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.10.2025 for the offences punishable under Sections 419, 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 in Crime No.20 of 2025, registered on the file of the respondent police, seeks bail. 2.

The allegation against this petitioner/ A1 is that, the petitioner herein joined hands with A13 and other accused, by fraudulent means executed a General Power of Attorney in favour of her and A13 to deal with the plots, which originally belongs to the defacto complainant's father; that subsequently, sold out certain plots to the other accused in the year 2004 and 2005; that while the defacto complainant applied for EC, he came to know about the illegal transfer of the subject property by impersonation, hence he lodged the complaint, subsequently case was registered and the petitioner herein was arrested.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is falsely implicated in this case and the alleged fabrication and the sale of properties were taken place in the year 2004 and 2005; that the petitioner acted only as a Power Agent on the request of her employer/ A2 2/6

and the Power of Attorney was executed by the Legal Heirs of the original owner, hence there is no fabrication of documents or impersonation; that the petitioner is an aged lady and she is in judicial custody since 14.10.2025; that all the alleged offence are borne out of records, hence custodial interrogation of the petitioner is not necessary; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner joined hands with other accused executed a Power of Attorney in her favour over the defacto complainant's father's property and sold the same to various persons; that the petitioner has no bad antecedents and the investigation of this case is pending.

5.

Considering the submissions made, facts and circumstances of the case, the allegations are taken place in the year 2004 and 2005, taking note of the fact that major part of the allegations are borne out of records, the petitioner being a lady and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the 3/6

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.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Alandur 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 daily at 10:30 a.m., for a period of six weeks and thereafter, as and when required for interrogation;

[c] 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 4/6

SCC 283];

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

05.12.2025 stn 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 No.I, Alandur.

K. RAJASEKAR, J.

stn 5/6

2. The Inspector of Police, Central Crime Branch (CCB), Tambaram Police Station, Sozhinganallur - 600119.

(Crime No.20 of 2025)

3. The Superintendent, Special Women Jail, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.33400 of 2025 05.12.2025 6/6