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Madras High CourtCRL OP/32057/2022dismissed

Prabakaran v. State Rep By, The Inspector Of Police

2023-01-06Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 420, 465, 467, 468, 471, 474 of IPC in Crime No.30 of 2022 seeks anticipatory bail.

2.The case of the prosecution is that originally the subject property belongs to the grandfather of the one Selvakumar/A1. After the demise of his grandfather, A1 colluded with other accused and created fabricated legal heirship certificate and settled the subject property to the defacto complainant through Power of Attorney deed for a sale consideration of Rs.1.03 Crores. When the defacto complainant changed the revenue records in his favour, he came to know that he was cheated by the petitioner. Hence the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution

and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that A1 colluded with other accused and created fabricated legal heirship certificate and settled the subject property to the defacto complainant through Power of Attorney deed for a sale consideration of Rs.1.03 Crores and cheated the defacto complainant. He further submitted that the investigation is pending in this case and hence, he opposed to grant anticipatory bail to the petitioner.

5. The learned counsel for the intervenor raised strong objection for grant of anticipatory bail to the petitioner.

6. Heard the learned counsel for the petitioner, the learned counsel for the intervenor and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the material available on records.

7. Considering the facts and circumstances of the case, the submissions made by the counsel appearing on either side and the allegation level against the petitioner which needs detail investigation, hence, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed. 06.01.2023 jai

T.V.THAMILSELVI, J.

jai 06.01.2023