Anandkumar v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 07.01.2023 for the alleged offences punishable under Sections 465, 467, 468, 471 & 420 of IPC, in Crime No.92 of 2022 on file of the respondent police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the first accused, who is the sister of the de-facto complainant, by suppressing the existence of her brothers and by creating a forged legal heir certificate, grabbed the property, which was in the name of her mother and later sold the property. Hence the case.

3. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are builders and developers running a private limited company in the name of "Namma Family" and they were the prospective purchaser of the house and arranged the sale transaction. He also

stated that the petitioner are not aware of the forged certificate and they were no way connected with the alleged offence. He further submitted that the petitioners are in custody from 07.01.2023 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the de-facto complainant and A1 are brother and sister. He further submitted that the petitioner along with the other accused by submitting forged legal heir certificate, grabbed the property belongs to the mother of the de-facto complainant. He further submitted that the petitioners who were also conspired with the other accused and committed this offence. He also stated that the investigation is at initial stage and the main accused A2 is still absconding. Therefore, he vehemently opposed to grant bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the investigation is at initial stage, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition stands dismissed. However, the respondent is directed to conduct investigation with regard to purchase of the property and also take action as advised. 23.01.2023 ham

T.V.THAMILSELVI,J.

ham 23.01.2023