M.Mayilsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN M.Mayilsamy ... Petitioner/Accused No.8 Vs The Inspector of Police, District Crime Branch (Anti Land Grabbing), Dindigul District (Crime No.7 of 2016) ... Respondent/Complainant For Petitioner : M/s.A.Chandrakumar, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.7 of 2016 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(B), 420, 465, 468, 471 IPC in Crime No.7 of 2016 on the file of the respondent police, seeks anticipatory bail.

3.27 acres of land at Balakrishnapuram village, Dindigul District owned by Thiru.Durai and his brother Thiru.Saravanan, has been grabbed by some persons by creating fabricated the documents. The property has been plotted out and sold to various third parties. In this regard, the said Durai and his brother Saravanan has given 1/3

complaint to the District Registrar, Dindigul to enquire into the matter and cancel the fabricated and fraudulent sale deeds. 4.The Sub-Registrar, after enquired into the matter and verifying the revenue records, has found that fraud has been committed against the said Durai and his brother Saravanan and their property has been fraudulenly transferred, so the complaint was forwarded to the Deputy Superintendent of Police vide proceedings dated 08.06.2016 in Na.Ka.No.81 of 2016. Pursuant to that a case has been registered in crime No.7 of 2016 for the offence under sections 120(B), 420, 465, 468, 471 IPC by the District Crime Branch, Dindigul.

5.Investigation has been commenced and the present petitioner is found to be one of the conspirators, who have indulged in creating false documents to cheat the real owners of the said lands. 6.Present petition is filed for anticipatory bail contending that he is innocent and hailing from a respectable family and he has no way connected in the alleged offence and that he was only witness to the documents which are now under scanner. Further pointing out that the case was registered in the year 2006 whereas the petitioner has been included as accused only recently.

7.The Additional Public Prosecutor, per contra would submit that the investigation has revealed that the petitioner has transferred 5 plots by creating false documents and he has been participated in the conspirancy with other accused persons. 8.Taking note of the gravity of the offence and overt act of the petitioner herein in the crime, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 05/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (ANTI LAND GRABBING), DINDIGUL DISTRICT.

2.

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

ORDER

IN CRL OP(MD) No.4151 of 2020 Date :05/03/2020 ME/JC/SAR 4/12.03.2020/3P/3C 3/3