S.Mansoor Ahamed v. State Of T.N. Rep. By

Crl.O.P.No.15555 of 2023 G.CHANDRASEKHARAN.J., The petitioners namely S.Mansoor Ahamed, S.Irfan, who were arrested and remanded to judicial custody on 15.06.2023 for the offences punishable under Sections 419, 465, 467, 468, 471 and 120(B) read with Section 34 of IPC in Crime No.116 of 2023 on the file of the respondent police, seeks bail.

2. It is the submission of the learned counsel for the petitioner that, petitioners are 3rd & 4th accused, The allegations against the 1st petitioner is that he had engaged 2nd accused to impersonate one Ganeshamoorthy. The allegation against the 2nd petitioner is that he had created fabricated partition deed dated 2377 of 2022. He further submitted that, Registration Act was amended in August, 2022 that, if anybody alleges that any document is forged and fabricated, they can approach the registering authority for cancelling the document. When that be the case, registration of FIR is not appropriate. Petitioner is in Judicial Custody from 15.06.2023. Thus, he seeks bail. 1/4

3. In response, learned Government Advocate (Crl. Side) submitted that, property in dispute is originally belonged to one Thirugnanasambandam and he died leaving his wife Banumathy and son Ganeshamoorthy and daughter Amudha @ Annalskshmi, who is the accused in this case. It is claimed in the sale deed executed by Amudha @ Annalskshmi in favour of Sudha, defacto complainant and one Naseera Fathima, it was mentioned that Ganeshamoorthy was dead on 26.11.2019. Therefore, claiming herself as an independent and sole owner of the properties, she executed sale deed in their favour on 03.11.2021 in Doc.No.3119 of 2021 & Doc.No.3118 of 2021. Subsequently, with a view to grab the property from Sudha and Naseera Fathima, first accused created partition deed in Doc.No.2376 of 2022 dated 07.07.

2022 claiming that, she and her brother Ganeshamoorthy are legal heirs of Thirugnanasambandam and one Murugavel and 5 others are legal heirs of Vadivelu. After execution of this partition deed, she also executed General Power of Attorny deed in favour of legal heirs on 07.07.2023 in Doc.No.2377 of 2022 dated 07.07.2022.

4. There is obvious contradiction in sale deeds executed by 1st accused in favour of defacto complainant and in partition deed dated 07.07.2022 as to whether Ganeshamoorthy, who is the brother of the petitioner is alive or dead. It is informed by the learned Government Advocate (Crl. Side) that, Ganeshamoorthy is still alive, but he was impersonated by the 2nd accused. A1 & A2 were arrested and still in jail. Investigation in this case is not completed. Therefore, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed 21.07.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.15555 of 2023 21.07.2023 4/4