← Library
Madras High CourtCRL OP/7376/2021closed

R.Vijayakumar v. State Rep By

2021-04-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7376 of 2021 R.VIJAYAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB-II, CHENNAI.

CRIME NO.134/2018 For Petitioner : M/S.G.V.SRIDHARAN Advocate For Respondent : MR.T.SHUNMUGA RAJESWARAN, Government Advocate (crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 419, 465, 467, 468 and 474 r/w 34 of IPC in Crime No.134 of 2018, 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 disputed property. A1 impersonated himself as defacto complainant and executed a settlement deed in favour of A2 and in turn A2 executed a General Power of Attorney in favour of this petitioner, who is arrayed as A3 and when the same was questioned, the petitioner has given evasive reply. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner was granted interim bail by the learned Principal Sessions Judge, Kancheepuram at Chengalpattu in Crl.M.P.No.1039 of 2021 dated 01.04.2021 on condition that the petitioner, on releasing him from prison, shall see that all the documents stand cancelled and the property should be vested with the original owner i.e.,defacto complainant. The learned counsel further submitted as ordered by the learned Principal Sessions Judge, the conditions have been complied with and all the documents have been cancelled. Hence, he sought for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate did not dispute the fact submitted by the learned counsel for the petitioner. He further submitted that investigation has been completed and the final report has been filed and yet to be taken on file.

5.In view of the subsequent development, the petitioner is directed to produce all the documents before the trial Court. On receipt of the same, the trial Court shall consider and pass appropriate orders within a period of two weeks from the date of receipt of copy of this order.

6.With the above direction, this Criminal Original Petition is disposed of.

-sd/- 28/04/2021 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 PRINCIPAL SESSIONS JUDGE, KANCHEEPURAM AT CHENGALPATTU.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, CCB-II, CHENNAI.

+1 CC to M/S.G.V.SRIDHARAN Advocate on payment of necessary charges SR.No.5449 CRL OP.7376/2021 Date :28/04/2021 cs 25/05/2021 https://hcservices.ecourts.gov.in/hcservices/