Vijayaraj @ Sameer v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24683 of 2021 1 VIJAYARAJ @ SAMEER [ PETITIONERS / ACCUSED ] 2 P.T.SEKAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, VEPERY, CHENNAI.
CRIME NO. 179 OF 2021.
For Petitioner : M/S.V.PURUSHOTHAMAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners who were arrested and remanded to judicial custody on 04.12.2021 for the offences under Sections 120 B, r/w.420, 465, 467, 468, 471 of IPC, in Crime No.179 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that One Kiruthika and her husband obtained housing loan from the Punjab National Bank to the tune of Rs.2,09,25,000/- by mortgaging forged and fake documents by way of colluding with the sellers. Hence, the complaint.
3. The learned Counsel for the petitioners would submit that the petitioners have not committed any offense as alleged by the prosecution and they have been falsely implicated in this case . He would further submit that the petitioners have been suffering incarceration for 19 days from 04.12.2021 and hence, he would pray for grant of bail to the petitioners.
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4.The learned Government Advocate (Crl. Side) raised strong objection stating the petitioners are arrayed as A8 and A9 and insofar as A8 is concerned, he is a land broker who identified the land and A9 is the one who created the forged documents in respect of the property belongs to Mahaveerchand Dhoka and by using the same, A1 and A2 who are wife and husband executed a sale deed and obtained loan from the Punjab National Bank to the tune of Rs.2.09 Crores. He would further submit that A1 has been granted bail by the lower Court since she is a women and that her husband/A2 who is in abroad is still absconding.
5. On seeing the nature of allegations in the FIR and the fact that the the sale deed still stands in the name of A1 and it has not been cancelled and that A2 is still absconding and the investigation is at the initial stage, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 22/12/2021 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 OFFICER INCHARGE, SUB JAIL, SAIDAPET.
2 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, VEPERY, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.V.PURUSHOTHAMAN Advocate on payment of necessary charges CRL OP.24683/2021 Date :22/12/2021 RW 05/01/2022 https://hcservices.ecourts.gov.in/hcservices/