Solaiyammal v. The Sub Inspector Of Police

CRL OP(MD). No.3668 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.03.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3668 of 2022 Solaiyammal ... Petitioner/ Accused No.1 Vs State represented by The Sub-Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(Crime No.38 of 2022) ... Respondent/Complainant A.T.K.K.RAJARAM ... Petitioner/3rd Party/Defacto Complainant in CRL MP(MD) No.3085 of 2022 For Petitioner : Mr.J.Gunaseelan Muthiah, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl. Side).

For Intervenor : Mr.M.Ramkumar, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.38 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 466, 467, 468 and 120(b) IPC, in Crime No.38 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused had created forged document and by using that document, they had sold the property of the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution.

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CRL OP(MD). No.3668 of 2022 4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the first accused had created a power of attorney in the year 2016 as if the same was executed by one Kaliappan and after the death of the said Kaliappan, she has created life certificate and sold the property in the year 2020.

5.The learned counsel for the intervenor would submit that the defacto complainant has purchased the property from one Jeevaraj in the year 2011 itself.

6.Considering the seriousness and gravity of the offence alleged and also the facts that investigation is pending and that all other accused are still absconding, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time. 7.In the result, this Criminal Original Petition is dismissed, sd/- 17/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUB INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3668 of 2022 Date :17/03/2022 SS/VR/SAR:I/23.03.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2