P. Paunthai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.7072 of 2022
1. P.Paunthai
2. P.Krishna Kumar ... Petitioners/Accused 1 & 2 Vs State represented by The Inspector of Police, DCB-ALGSC-Madurai Police Station, Madurai District.
(Crime No.31 of 2021)
...Respondent/Complainant
For Petitioners: Mr.R.Santhanam, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl. Side).
PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.31 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A.1 & A.2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 420, 465, 467, 468 and 471 IPC, in Crime No.31 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the S.Nos.69/1, 2, 49/3C, 3(D), 21/9 of Ayanparaipatti village belongs to one Muthammal, who was having legal heirs namely Palraj, Subramanian, Balakrishnan, Mookammal, Paunthai and Indira. In order to grab the property, the first petitioner, obtained legal heir certificate, by suppressing the name of other legal heirs, forged the documents and obtained patta in her name. On 17.09.2019, all the accused persons conspired together and registered a document in Doc.No.2740 of 2019. They also https://hcservices.ecourts.gov.in/hcservices/
forged the death certificate, legal heirship certificate and a settlement deed. Hence, the complaint, given by the defacto complainant, who is the wife of one Palraj.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioners are the main accused, that investigation is pending and that the other accused are still absconding. He would further submit that this Court has already dismissed the anticipatory bail application of the third accused in Crl.O.P.(MD)No.666 of 2022 vide order dated 11.02.2022. 5.Considering the seriousness and gravity of the offence alleged against the petitioners and also the facts that investigation is pending and that all the other accused are still absconding, this Court is not inclined to grant anticipatory bail to the petitioners.
6.In the result, this Criminal Original Petition is dismissed. Sd/- 18/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) 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 INSPECTOR OF POLICE, DCB-ALGSC-MADURAI POLICE STATION, MADURAI DISTRICT.
2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7072 of 2022 Date :18/04/2022 SP/JM/SAR I/25/04/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/