Radha v. The State Represented by the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

14.06.2026 for the alleged offence under Section 336(2), 336(3), 338, 340(2), 318(4), 212, 236 and 3(5) of BNS in Crime No.68 of 2026 on the file of the Page2 of 6 respondent police, seek bail.

¶2The case of the prosecution is that de facto complainant and her husband purchased a property measuring 21.5 cents through a registered sale deed in the year 1989. When the complainant intended to transfer the property in favour of her children, applied for encumbrance certificate. Subsequently came to know that some persons have fraudulently registerer her property in their names at the Madhavaram Sub Registrar Office. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners have been incarcerated since 14.06.2026. He further submitted that since patta was granted by the Government in favour of 1st petitioner, based on the patta, he has executed the settlement deed in favour of 2nd petitioner.

¶4At this juncture, the learned counsel for the Intervenor submitted that the patta stands in the 1st and 2nd petitioner was cancelled.

¶5At this juncture, the learned counsel for the petitioners submitted that they were also aware of the cancellation of patta. She further on information submitted that they are also proposing to cancel the settlement deed which stands in the name of 2nd petitioner. Page3 of 6

¶6I have given my anxious consideration to either side submissions and perused the materials available on record.

¶7Considering the facts and circumstances of the case; and taking note of the above submission made by the learned counsel for the Intervenor and considering the fact that 1st petitioner being a woman, and have been incarcerated since 14.06.2026, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

¶8Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 JM-I, Poonamallee, 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 petitioners shall execute and register cancellation deed to cancel the settlement deed bearing Doc No.2299 of 2025 dated 01.03.2025 registered before the Sub-Registrar, Madhavaram within a period of two weeks from the date of release of the petitioners. [c] the petitioners shall report before the respondent Page4 of 6 police daily at 10.30 a.m., for the period of two weeks and thereafter, as and when required for interrogation; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29-07-2026 SHL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To:

¶1The JM-I, Poonamallee.

¶2The Central Prison, Puzhal, Chennai.

¶3The Inspector of Police CCB - II, Chennai District

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o20007oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o20007oofo2026 and CRLoMPoNo.o13738oofo2026 29-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN and CRL MP No. 13738 of 2026 1. Radha 2. Karthik ..Petitioners Vs The State represented by The Inspector of Police CCB-II, Chennai District. Crime No.68 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.68 of 2026 on the file of the Inspector of police, CCB-II, Chennai. For Petitioners: Mr.E.Venkatesan For Respondent: For Intervenor: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) Mr.T.Pon Suyambu Vinayaham