Madras High CourtCRL OP/24576/2021dismissed

Pandiyan v. State Rep By

2021-12-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24576 of 2021 1 PANDIYAN [ PETITIONERS / ACCUSED ] 2 RAJIVI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, NAGAPATTINAM DISTRICT.

CRIME NO.13 OF 2021.

For Petitioners : M/S.S.K.SYED ELIYAS Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 420, 465, 468, 471, 120(B) of IPC, in Crime No.13 of 20201 on the file of the respondent seeks anticipatory bail.

3. The case of the prosecution is that the petitioners are A3 and A4 and the defacto complainant is the owner of the property. It is alleged that the brother of the defacto complainant/A1 created a Hibba deed by fabricating the defacto complainant's signature and on 09.10.2021, A1 entered in the sale agreement with A2 and both are conspired. Thereafter, A2 filed Permanent Injunction suit against the A1 before District Munsif Court at Sirkazhi in O.S.No.140 of 2020 and they got Mutual Award from the Lok Adalath. Thereafter, A2 entered the sale agreement with A3 and the same was cancelled on 18.02.2021. Further A2 executed the settlement deed in favour of A4. Hence, the defacto complainant lodged a complaint before the Law Enforcing Agency.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he seeks for grant of anticipatory bail to the petitioners. 5.The learned Additional Public Prosecutor submits that investigation is at initial stage. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

6. Considering the facts and Circumstances of the case and also considering that the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the same is dismissed.

-sd/- 16/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, NAGAPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.K.SYED ELIYAS Advocate on payment of necessary charges SR.NO.15172 CRL OP.24576/2021 Date :16/12/2021 JPA 28/12/2021 https://hcservices.ecourts.gov.in/hcservices/