Bijosh Koshy v. Inspector Of Police (Crime Branch)

Crl.O.P.No.18345 of 2023 Crl.O.P.No.18345 of 2023 RMT. TEEKAA RAMAN.,J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 465, 468, 471 and 420 of I.P.C in Crime No.NOT KNOWN of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 08.05.1998, the General Power of Attorney was granted to the first petitioner from his grand-mother and his mother in respect of lands in Survey Nos.590, 616 and 617 of Vilangadupakkam Village, Ponneri Taluk, Thiruvallur. By using their ignorance and formed a layout "Srishti Nagar" and also sold the plots to various persons. By using the said general power of attorney and with help of some other fabricated documents, the petitioners sold plots. Hence the case. 3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The first petitioner was entitled to deal with the properties irrespective of the death of one of the principal which came to his knowledge only through the legal notice. Hence, he prayed for grant of anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.18345 of 2023 RMT. TEEKAA RAMAN.,J.

nvi 4.Learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the nature of power of attorney is said to have sold the property after the death of the principals. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and the nature of power of attorney is said to have sold the property only after the death of the principals. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 21.08.2023 nvi Crl.O.P.No.18345 of 2023 https://www.mhc.tn.gov.in/judis 2/2