Rajeswari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Rajeswari ... Petitioner / Accused Rank not known Vs The State of Tamil Nadu Represented by the Inspector of Police, Central Crime Branch Police Station, Madurai City, Madurai District.

(Crime No.22 of 2023) ... Respondent/Complainant For Petitioner : Ms.M.Gopika, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 22 of 2023 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 416, 465, 467, 468, 471 of IPC, in Crime No.22 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the owner of the property and without his knowledge, Accused No.8, who is the mother of the defacto complainant executed a power of attorney in favour of Accused No.6. Based on this power of attorney document, Accused No.6 received all the original documents and the same was handed over to Accused No.1. Accused No.1 taking advantage of the same, executed a sale deed in favour of Accused No.3, who is the mother of Accused No.1. Accused No.3 in-turn executed a sale deed in favour of Accused No.4. Accused No.7 has been roped in as accused, since he is the husband of Accused No.6. The petitioner has been arrayed as A8 in this case.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and the role 2/5

that has been assigned to the petitioners and also considering the fact that A6 was already granted anticipatory bail by this Court in Crl.O.P.(MD) No.21467 of 2024 by order dated 06.01.2025, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Madurai District, on condition that the petitioner shall execute 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 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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 3/5

card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid 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 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN 4/5

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.GOPIKA, Advocate ( SR-733[I] dated 23/01/2025 )

ORDER

IN CRL OP(MD) No.1286 of 2025 Date :23/01/2025 RK/SKN(31/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5