Arul Vadivel v. Inspector Of Police
RMT.TEEKAA RAMAN , J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of IPC, in Crime No. 3 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The defacto complainant has lodged a complaint before the Deputy Superintendent of Police, Dharmapuri, on 29.11.2022 alleging that after getting sale deed in their favour, the purchaser namely A1 and A2, without settling the amount have shown that the amount is under process and got the sale deed registered. Subsequently, they are refusing to pay the sale consideration and also the defacto complainant came to know that a similar modus operandi has been taken by the very same petitioner in respect of Sub-Registrar, Hosur. Hence, the complaint.
3. The learned counsel for the petitioner would contend that the the petitioner is an innocent person and he has been falsely implicated in
this case. He would further submit that the A4 was initially arrested by the police and his confession statement was recorded and on medical ground he was released on station bail on the same day i.e., on 18.05.2023. Based on the confession statement of A4, A1 and A3 were arrested and remanded to judicial custody on 23.05.2023. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) stated that the accused A1 and A3 are still in the District Jail, Dharmapuri, and this petitioner/A2 and A5 are still absconding. The petitioner/A2 has moved anticipatory bail petition before the Principal District Judge, Dharmapuri, in C.M.P.No.564 of 2023 and the same was dismissed on 23.03.2023. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. The learned counsel for the petitioner would contend that in the sale deed what was mentioned is lesser amount whereas in the complaint, higher amount has been mentioned. In reply, the learned Government Advocate stated that this is the amount that is required to be
paid as per guideline value for registering the document and this is the matter for investigation.
6. Taking into consideration the serious allegation is leveled against the A1 and A2/the petitioner in whose favour the sale deed has been executed and it appears that this is the matter for investigation and considering the nature and gravity of offence and the case is on preliminary stage, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. 08.08.2023 ata
RMT.TEEKAA RAMAN , J.
ata 08.08.2023