M. Devarajan v. The State Represented By

Crl.OP.No.15105 of 2023 Crl.OP.No.15105 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioners on bail in the event of arrest in Crime No.93 of 2023 by the respondent Police pending investigation and grant Anticipatory Bail.

2.It is the submission of learned counsel for the petitioners that petitioners are accused in Cr.No.93 of 2023 registered for the offences under Section 465, 466, 468 and 471 I.P.C., 1860. Only role attributed to the petitioners are that attesting witness to the sale deed in favour of first accused on 25.05.2022.

3.In response, the learned Government Advocate (Criminal side) submitted that one Nagamoopan is the owner of property in survey No.344, has five daughters and two sons. However, the first accused in this case had created forged death certificate of Nagamoopan and his legal heir certificate claiming that Nagamoopan had two sons namely i)Karuppasamy and ii)Subramaniam. Subramaniam was dead. First accused purchased the property from Karuppasamy on 25.05.2022. Investigation in this case is 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.15105 of 2023 pending.

G.CHANDRASEKHARAN, J.

4.In the light of the allegations made in the First Information Report against the first accused and other accused, the fact that First Information Report was registered only on 03.06.2023, it is too early to come to conclusion that petitioners have no role in the alleged criminal act committed by the first accused. The role of the petitioners as to whether they are innocent and genuine attestors or they also form part of larger conspiracy in executing a sale deed in favour of first accused is required to be investigated. This is too early to consider the anticipatory bail petition for petitioners. 5.Accordingly, this Criminal Original Petition is dismissed. 07.07.2023 ep Crl.OP.No.15105 of 2023 2/2 https://www.mhc.tn.gov.in/judis