Joseph @ Joseph Fernando v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner herein seeks anticipatory bail in Crime No.77 of 2023 registered by the respondent Police for the offences under Sections 465, 467, 468, 471 r/w 34 and 109 IPC.

2.The learned counsel for the petitioner stated that, he has been falsely implicated as an accused in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioner.

3.The entire issue surrounds property which was a vacant land measuring 5990 sq.ft situated at Athithya Avenue Injambakkam, Alandur. It is stated that subsequently, constructions have been put up over the said land. The said land originally belonged to the present petitioner/A1, and A2 and A3. They had jointly given a power of attorney to one Guruvan Ayyavu who had died subsequently. The said agent, in the year 2014, had sold the property to the defacto complainant who had plotted out the said lands. Thereafter, the petitioner herein, had for the

reasons best known to him, along with A2 and A3 created a sale deed in favour of A4 and A5, who had then sold it to SIMPCON Developers, the proprietor which is Guru Ayyavu their own power of attorney agent. In effect, one property, had been the subject matter of two separate transactions to the disadvantage of the original transferee.

4.It is contended by the learned counsel that A3 had died and it is also stated that the petitioner is an aged person of 77 years. But however, investigation will have to be conducted to how one property was sold to two separate individuals. The other accused have also not been taken into custody. The entire issue have to be examined.

5.It is also stated that taking the recourse to Section 77A of the Registration Act 1908, the District Registrar had cancelled the two sale deeds. But that only emphasizes the fact that a sale deed was actually executed twice over for the same land.

6.Taking all the factors into consideration, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

07.11.2023 gd C.V.KARTHIKEYAN , J.

gd

07.11.2023