Muruganantham v. The Inspector Of Police

CRL OP(MD)No.4458 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.4458 of 2023 Muruganantham ... Petitioner / Accused No.11 Vs 1.State rep by The Inspector of Police, District Crime Branch, Sivagangai District.

(In Crime No.4 of 2023) ... Respondent / Complainant 2.R.Janakiraman ... 2nd Respondent / Intervener / Defacto Complainant in CRL MP(MD) No.4151 of 2023 For Petitioner : Mr.R.Balamuruganantham, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) For Intervenor : Mr.V.Chandraprabu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A11, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections406, 467, 471, 420 and 120(B) IPC in Crime No.4 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the owner of the land measuring 125 acres situated at Melarangaiyan group, Kilarangaiyan and Melarangaiyan village, Sivagangai District. He had given the original documents of the said property to one R.Jagannathan, who was VAO, for the purpose of carrying out name transfers and obtaining patta in the defacto complainant's name. However, the said R.Jagannathan and his wife Angalaeshwari and four others have criminally conspired together and has executed a sale deed dated 06.03.2007 in favour of their company https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD)No.4458 of 2023 called Eswari Agro Farms Private Limited, without defacto complainant's knowledge. Hence, the case.

3.Heard and perused the materials available in records. 4.It is seen that totally there are 11 accused in this case, in which, the petitioner is arrayed as A11. The petitioner is also belonging to the same village where are properties is situated and having knowledge about the properties, he colluded with the other accused persons and executed sale deed. That apart, complaint was lodged in the year 2019. However, the respondent police did not take any steps to register the case. Therefore, the defacto complainant filed a direction petition before this Court to transfer the investigation. Only after a direction from this Court, the respondent police register the present case. It is also seen that no one is arrested in this case. Hence, custodial interrogation of the petitioner is very much necessary in this case. 5.In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 13/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Inspector of Police, District Crime Branch, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.CHANDRA PRABHU, Advocate ( SR-4141[I] dated 14/03/2023 )

ORDER

IN CRL OP(MD) No.4458 of 2023 Date :13/03/2023 ED/BUC/SAR- 1(24/03/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2