P.Abraham v. The Inspector Of Police

Crl.O.P.No.15758 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 468 and 471 of IPC in crime No.9 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant purchased the property admeasuring 2400 sq.ft at S/No.314/31, at Survey No.314/2, Vasantham Avenue, Alamathi, Tiruvallur District and when the defacto complainant wanted to settle the properties in the name of his sons, he applied encumbrance certificate and found that the property has been fraudulently sold to some third parties by impersonation and creating a forged General Power of Attorney as if the defacto complainant executed the GPA in favour of A1 and registered on 01.12.2021 with the help of Sub Registrar, Redhills. Thereafter, they sold the property to A2 and A3. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioner is doing the work of real estate broking for commission and the property was introduced by one, Manikandan and based on good faith, the petitioners introduced the said property to one, Selvam. Hence, he seeks for grant of anticipatory bail of the petitioners.

4. The learned Additional Public Prosecutor submitted that there are totally eleven accused, in which the petitioners are arrayed as A1 and A2. As far as the second petitioner, he was arrested and remanded to judicial custody.

5. There are totally 11 accused, in which the petitioners are arrayed as A10 and A11. They are real estate brokers. All the accused persons conspired together and fabricated the documents in respect of the property comprised in S/No.314/31, at Survey No.314/2, Vasantham Avenue, Alamathi, Tiruvallur District belong to the defacto complainant and executed power of attorney and on the strength of the power of attorney, executed sale deed in favour of third parties. Now the second petitioner is arrested and remanded to judicial custody. As far as the first petitioner, his custodial interrogation is very much required. That apart, the investigation has been transferred to the file of CCB, Avadi and re-assigned crime No.6 of 2022. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed.

15.07.2022 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.15758 of 2022 15.07.2022