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Madras High CourtCRL OP/11195/2023dismissed

Rajammal v. Inspector Of Police

2023-06-06Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 of IPC, in Crime No.151 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are arrayed as A1 to A4 and they are family members. The first accused/Rajammal who is the wife of the second accused/Kudiyarasu had created a fabricated Aadhar Card and had impersonated the original owner of the property namely Rajammal wife of Kesavaraj and settled the property belongs to the original owner Rajammal wife of Kesavaraj, in favour of the fourth accused/daughter Manimegalai and thereby, cheated the defacto complainant. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in

this case. He would further submit that the petitioners have also filed a suit against the defacto complainant and it is pending. Hence, he would prays for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the first accused Rajammal wife of Kudiyarasu along with other accused, had fabricated the Aadhar Card and had impersonated the original owner of the property namely Rajammal wife of Kesavaraj and had settled the property belongs to the original owner, in favour of the fourth accused. He would also submit that only after the registration of this case, a suit has been filed. He would further submit that the accused have to be arrested and the documents have to be seized from them and that the custodial interrogation of the petitioners is very much required in this case. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into account the nature of offence and the submission made by the learned Government Advocate (Crl. Side) that the custodial interrogation of the petitioners is very much required in this case, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. 06.06.2023 jas

A.D.JAGADISH CHANDIRA, J.

jas 06.06.2023