Sathish Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14927 of 2021 AND CRL.MP.No.8406 OF 2021 1.Sathish Kumar 2.Sivakumar ... Petitioners Vs.

Inspector of Police, Central Crime Branch Team 15, Land Grabbing Section - I, Chennai.

... Respondent V.Deepa ... Petitioner/Intervener (ordered as per order of this court dated 09/09/2021 made in Crl.MP.No.8406/2021 in CRL.O.P.No.14927/2021) Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioners on bail who were arrested in connection with Crime No.122 of 2021 pending investigation on the file of the respondent. For Petitioners : Mr.S.Sheik Ismail For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) For Intervenor : Mr.M.Premkumar

ORDER

The petitioners who were arrested and remanded to judicial custody on 07.07.2021 for the offence under Sections 419, 465, 467, 468, 471 and 34 of I.P.C. in Crime No.122 of 2021 on the file of the respondent police, seek bail.

2.It is the case of the prosecution thjat A1 in the case impersonated the defacto complainant and created power of attorney in favour of A2, thereafter, A2 sold the property to A3 and A3 sold the property to one Deepa.

3.The learned counsel appearing for the petitioners would submit that this Court after elaborate consideration granted interim bail to the petitioner on 25.08.2021 on condition to cancel the power of attorney and sale deed executed in favour of A2. Ajccordingly, the power of attorney was cancelled vide document No.2891 of 2021 and the sale deed executed in favour of A2 was cancelled vide document No.2892 of 2021 on the file of the Sub-Registrar Office, Sembium. He would further submit that the petitioners after grant of interim bail did not violate any of the conditions and they are also regularly complying with the conditions imposed by this Court. 4.The learned counsel appearing for the intervenor/ subsequent purchaser namely, V.Deepa would submit that in the above transaction, the intervenor has parted Rs.50 Lakhs for purchasing the property through bank transaction and hence, she may be permitted to work out the remedy in the manner known to law.

5.The learned Government Advocate (Criminal Side) also did not dispute the facts submitted by the learned counsel appearing for the petitioners.

6.In view of the above, the intervenor is permitted to work out the remedy in the manner known to law. The interim bail granted to the petitioners by this Court on 25.08.2021 is made absolute and no further order is necessary in this petition.

-sd/- 09/09/2021 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 METROPOLITAN MAGISTRATE, LAND GRABBING COURT NO.II, EGMORE AT ALLIKULAM, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH TEAM 15, LAND GRABBING SECTION-I, CHENNAI 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SHEIK ISMAIL Advocate on payment of necessary charges CRL OP.14927/2021 AND CRL.MP.No.8406 OF 2021 Date :09/09/2021 APN 09/09/2021