Ramasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14165 of 2021 1 RAMASAMY [ PETITIONERS / ACCUSED ] 2 RAJAGOPAL Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, D.C.B., CUDDALORE, CUDDALORE.

CRIME NO. 12/2021 For Petitioner : M/S. D.MURUGAN Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 423, 465, 467, 468 and 471 of I.P.C. in Crime No.12 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the absolute owner of the property. While so, the first petitioner/A1 created a forged patta in his name and thereafter executed a sale deed in favour of the second petitioner/A2. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent purchasers. Further, the petitioners have not committed any offences as alleged by the prosecution and they have been falsely implicated in this case. The learned counsel further submits that the petitioners are ready to produce any documents before the respondent-police at the time of investigation. Hence, the learned counsel prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that the first petitioner/A1 created a forged patta and thereafter executed a sale deed in favour of the second petitioner/A2. The second petitioner/A2 is also in active partition in the illegal sale deed executed by the first petitioner/A1. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.

5. Considering facts and circumstances of the case and the allegations levelled against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/08/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 INSPECTOR OF POLICE, D.C.B., CUDDALORE, CUDDALORE.

CC to M/S. D.MURUGAN Advocate on payment of necessary charges CRL OP.14165/2021 Date :12/08/2021 RVR 24/08/2021 https://hcservices.ecourts.gov.in/hcservices/