Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.986 of 2015 GANESAN ... PETITIONER/ACCUSED NO.A4 Vs THE STATE REP BY THE INSPECTOR OF POLICE ANTI LAND GRABBING CELL, RAMANATHAPURAM CRIME NO.49/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR Advocate For Respondent : M/S.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 419, 420, 423, 465, 468, 471, 294(b) and 506(i) IPC in Crime No.49 of 2014 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. The case of the prosecution is that the property in question belongs to an old lady, by name Ameena Beevi, aged about 77 years and her son is abroad. The said Ameena Beevi had given her property for rent to various persons and on account of her old age, she was not able to go and collect rent. Therefore, she asked her relative by name Hameed Mansoor (A1) to collect the rent, who exploiting the trust reposed on him, took service of this petitioner for preparing a bogus Power of Attorney, as if the said Ameena Beevi has appointed him as her Power Agent. The Power of Attorney was registered in the office of the Sub-Registrar by making someone else impersonated as Ameena Beevi. On the strength of the said bogus Power of Attorney, A1 appears to have created encumbrance in the said property. A1 has been arrested in this case and it is represented by the learned https://hcservices.ecourts.gov.in/hcservices/

counsel for the petitioner that he has already been released on bail.

4. Learned Additional Public Prosecutor submits that Police have obtained CCTV recording of the Sub-Registrars office, which clearly shows that Ameena Beevi had not come to the Sub-Registrar Office on the said date. Therefore, involvement of Sub-Registrar in the conspiracy is also under investigation.

5. Be that as it may, this petitioner is a Document Writer, who had helped A1 in creating a bogus Power of Attorney. In view of the serious nature of allegation against this petitioner, this Court is not inclined to grant anticipatory bail to this petitioner. Hence, the Criminal Original Petition is dismissed.

sd/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE ANTI LAND GRABBING CELL, RAMANATHAPURAM RL/3C - 28/1/2015

ORDER

IN CRL OP(MD) No.986 of 2015 Date :22/01/2015 https://hcservices.ecourts.gov.in/hcservices/