V.Harinathan v. State Rep By Inspector Of Police

Crl.O.P.No.20552 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 420, 465, 471, 468 & 120B IPC in Crime No.125 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The petitioners herein are arrayed as A6 and A7 in the case. The case of the prosecution is that the accused persons have fabricated the death certificate of the defacto complainant's father as if he had expired in the year 1970 itself. On the strength of such certificate, they fabricated the legal heir certificate, as if A1 and A2 were the legal heirs of the defacto complainant's father. The accused persons/A1 and A2 are brothers. Where accused/A1 released his share over the property towards A2 and executed the Power of Attorney in respect of the alleged proeprty in favour of A3 and thereafter, A3 sold out the said property to the third parties. Hence, the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners herein involved in criminal conspiracy with the accused persons and fabricated the legal heir certificate to grab the alleged property of the defacto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the involvement of the petitioners in the alleged crime, this Court finds that the custodial interrogation of the petitioners is very much required. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 01.09.2022 Anu

G.K.ILANTHIRAIYAN, J.

Anu Crl.O.P.No.20552 of 2022 01.09.2022