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Madras High CourtCRL OP/26916/2022dismissed

R.Punniyakodi v. The Sub Inspector Of Police

2022-11-17Honourable Mr Justice M. Nirmal Kumar4 pages

M. NIRMAL KUMAR , J.

This petition has been filed seeking to enlarge the petitioner on bail in Crime No.193 of 2022 pending investigation on the file of the respondent.

2. The petitioner/A1 in Crime No.193 of 2022 for offence under Section 120(B) r/w 34, 419, 465, 467, 468 and 471 of I.P.C. was arrested by the respondent Police on 27.09.2022. Since then he is in prison.

3. The contention of the petitioner is that the petitioner is an innocent purchaser of the property at Palavakkam Village. The petitioner purchased the property through sale deed dated 23.04.2021 vide Document No.3950. The entire sale consideration has been paid through Bank transfer and Demand Drafts. The petitioner was cheated and deceived by the impersonator-A5/Saravanavel. The petitioner was made to believe that A-5 is the Original Saravanavel, S/o.Murugan. The registering authority after verifying the documents, credential of the identity proof of the vendor, witnesses to the document, have registered the sale deed. Now, the petitioner Page 1/4

not only lost his money, his subsequent purchaser/A-2 is now against the petitioner, seeking return of the sale amount. The police found that the petitioner's role is limited in this case and also not sought for police custody and all the documents are already with the custody of the police. It is a document related offence. Hence prayed for bail.

4. Learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner acted as an agent to one Real Estate Man. He acted as front man to him. The entire case has been devised by the group of persons, taking advantage of the de-facto complainant's dispute with his niece, thereafter forged documents created and the particulars available in the documents are also forged. It is a well orchestrated crime. The investigation is leading to involvement of the other accused. The other accused are yet to be secured. So far, A1, A6 and A7 arrested. Police custody is sought for A6 and A7. The other accused are absconding. Steps have been taken to apprehend them and further it is found that this case needs larger and deeper investigation. If the petitioner is granted bail, the investigation would get stalled, obstructed and the efforts so far taken would go in vain. Hence, he strongly objected for granting bail. Page 2/4

5. In view of the same, this Court finds that the petitioner is not entitled for bail. Hence, this Criminal Original Petition is dismissed for the present.

17.11.2022 rsi Page 3/4

M. NIRMAL KUMAR , J.

rsi 17.11.2022 Page 4/4