Suresh v. The Inspector Of Police

Crl.O.P.No.19712 of 2023 C.V.KARTHIKEYAN,J.

The petitioner/A1 seeks anticipatory bail in Crime No.29 of 2023 registered by the respondent police for the offence punishable under Sections 120B, 465, 468, 471 and 420 of IPC.

2. It is a classic case, where the absence of the actual owner, one of the Sisters who is abroad had been taken advantage of another brother and sister who had executed a Power of Attorney, as if executed by the Original Owner and had executed further documents between themselves. The defacto complainant is the first son/eldest brother. He had given complaint about the dealing of the property in this particular manner.

3. It is stated by the petitioner that protection was ordered in Crl.OP.No.9728 of 2023 by an order dated 28.04.2023 that the respondent should not harass the petitioner and should not interfere with the civil dispute between the parties. But creation of a forged Power of

Attorney is certainly to be considered as an offence under Indian Penal Code.

4. By taking shelter under this particular order in Crl.OP.No.9728 of 2023, the petitioner though, had appeared before the respondent had not handed over any of the documents for examination to determine, whether they had been actually written down by the actual owner or whether impersonation had been committed. It is also to be examined whether the signatures are forged or not.

5. For all those purposes, the specific signature will have to be obtained. The signatures will have to be compared with the signatures as found in the documents. By merely getting an order of protection the investigation has never moved forward.

6. Taking into consideration the facts and the submissions made by both counsel, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed.

8. The Order granted in Crl.OP.No.9728 of 2023 will not come in the way of respondents conducting lawful investigation. 19.10.2023 Vv

C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.19712 of 2023 19.10.2023