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Madras High CourtCRL OP/16042/2022dismissed

N.Duraisamy v. State Rep By

2022-07-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

Crl.O.P.No.16042 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 01.06.2022 for the offences punishable under Section 120(B), 420, 467, 468, 471, 472, 474 and 109 of IPC in crime No.1 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, A1 along with A2 to A4 cheated the defacto complainant by creating the forged court decree and forged death certificate, wherein A2 and A3 created a settlement deed in favour of A4, who in turn executed settlement deed in favour of A1 and register the same before the Sub Registrar Office, Sivagiri and registered 7 items of properties measuring nearly to an extent of 12 acres of land including the properties situated in Coimbatore district. Hence, the case.

3. The learned counsel for the petitioner would that the settlement deeds in document Nos.2719 of 2020 and 2726 of 2020 were subsequently cancelled by the Sub Registrar and thereafter the defacto complainant and other executed settlement deed and got DTCP approval and formed layout. He further submit that suit in O.S.No.531 of 2022 is pending before the

Principal District Court, Coimbatore. That apart, the petitioner have been suffering incarceration from 01.06.2022. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused persons cheated the defacto complainant by creating forged Court decree, death certificate and affixerd Government seal and thereby created fabricated documents. He further submits that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.14758 of 2022 dated 29.06.2022. However, he vehemently opposed to grant bail to the petitioner.

5. Considering the gravity of the offence committed by the petitioner and also considering that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, the criminal original petition is dismissed. 11.07.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16042 of 2022 11.07.2022