Janshi Rani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Janshi Rani ... Petitioner/Accused No.3

Versus

The Inspector of Police, District Cime Branch Police Station, Ramanathapuram District.

(Cr.No.04 of 2024) ... Respondent/Complainant For Petitioner :

Mr.G.Thalaimuthurasu, Advocate For Respondent :

Mr.R.M.Anbunithi Additional Public Prosecutor For Intervenor :

Mr.J.Nanthakumar, Advocate PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For bail in Crime No.04 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 21.08.2024 for the offences punishable under Sections 243, 465, 468, 471 420 and 120(B) of IPC, in Crime No.04 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the one Panchavarnam forged a false death and legal heirs certificate pursuant to the defacto complainant. Based on the forged document, the said Panchavarnam sold the property to A-2 and subsequently, A2 1/4

sold the property to one Ravi and Kalaiyarasi with a motive of criminal conspiracy. Hence, the case.

3.The learned Counsel for the intervenor opposes the prayer for grant of bail. According to him, even though in sale deed it was mentioned that the purchase was for a sum of Rs.70,000/-, actually Rs.2,10,00,000/- was paid as compensation. 4.The learned Additional Public Prosecutor on instructions from the respondent police would submit that already the premises of the accused have been searched and no other property documents or any money could be seized. 5.Heard the learned counsel on either side and perused the material records of the case.

6.Considering the facts and circumstances of the case and considering the fact that the petitioner is in judicial custody from 21.08.2024, I am inclined to enlarge the petitioner on bail with certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate No.II, Ramanathapuram. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar 2/4

card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. (v)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]. (vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/10/2024 / TRUE COPY / 01/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, WOMEN SUB JAIL, PARAMAKUDI TALUK, RAMNAD.

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

+1 CC to M/s.G.THALAIMUTHURASU, Advocate ( SR-12045[I] dated 01/10/2024 )

ORDER

IN CRL OP(MD) No.16438 of 2024 Date :01/10/2024 RS//SAR-(01.10.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4