Mani@Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5527 of 2022 MANI @ SARAVANAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, NAMAKKAL DISTRICT.

(CR.NO.3 OF 2022) For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, 471 of IPC in Crime No.3 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein, who is a dealer in car, has sold an Innova Car bearing Reg.No.TN 45 AD 7342, to the defacto complainant for Rs.6,25,000/- on 25.08.2013. Since he did not hand over RC book of the said car, the defacto complainant has returned the car and sought for refund of money. Instead of returning the money to the defacto complainant, the petitioner has promised to sell a land worth around Rs.11,00,000/- and received additional sum of Rs.4,25,000/- from the defacto complainant and also executed a sale deed in respect of the land measuring to an extent of 1762 1⁄2 sq.ft., which stood in the name of one Athayee. Later, it came to know to the knowledge of the defacto complainant that the petitioner has impersonated a lady as Athayee and got the sale deed executed and the real Athayee, who is the owner of the property, is residing in Mumbai and he unaware of the fact that the property has been sold by the petitioner by impersonation. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner would submit that the petitioner is not involved in the alleged impersonation and he is an innocent person and he is ready to abide any condition imposed by this Court.

4.However, the learned Government Advocate (crl.side) strongly opposed to grant anticipatory bail to the petitioner and custodial interrogation is very much essential because the investigation reveals that Athayee is not residing in the address given by the petitioner to the defacto complainant.

5.On considering the serious objection raised by the learned Government Advocate (Crl.Side), this Criminal Original Petition is dismissed.

-sd/- 09/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, NAMAKKAL DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.5527/2022 Date :09/03/2022 CSK 18/03/2022 https://hcservices.ecourts.gov.in/hcservices/