← Library
Madras High CourtCRL OP/7714/2016granted

Perumal, v. State By The Inspector Of

2016-04-28Honourable Mr Justice K. Kalyanasundaram4 pages

Crl.O.P.No. 7 7 1 4 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner is A1 and he was arrested and remanded to judicial custody on 17.03.2016 for the alleged offences punishable under sections 468, 471, 420 and 506(ii) IPC, in Crime No. 3 of 2013 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the de-facto complainant is the owner of the property to an extent of 6.7 acres and in the year 1998, he mortgaged the property to obtain loan of Rs.1,20,000/- from the first accused and for the delay in repayment of the loan amount, the petitioner/A-1 instituted a suit in O.S.No. 471 of 2003 before the Sub Court, Namakkal, for recovery of money. The de-facto complainant deposited Rs.4,35,334 on 27.02.2011, but subsequently, the plaintiff left the suit for dismissal on 04.01.2012. It is the further case of the prosecution that the petitioner included his name as joint pattadhars without changing the patta and executed a settlement deed on 30.07.2012 in favour of his wife/A-2 and

thereby committed the offence.

K. KALYANA S U NDARAM, J.

vsg

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and after registration of the case, the petitioner cancelled the settlement deed on 25.04.2016. It is further submitted that this Court has already granted interim bail to the petitioner on 15.04.2016.

4. Heard the learned Government Advocate (Criminal side) appearing for the respondent and the learned counsel appearing for the intervenor.

5. Considering the facts and circumstances of the case, the interim bail already granted by this Court dated 12.04.2016 is made absolute. 2 8. 0 4. 2 0 1 6 v s g Crl.O.P.No. 7 7 1 4 of 2 0 1 6

Crl.O.P.No. 3 0 4 6 4 of 2 0 1 5

0 2. 0 2. 2 0 1 6