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Madras High CourtCRL OP(MD)/6240/2021dismissed

M.Veeranambalam v. The Inspector Of Police

2021-04-30Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.6240 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.6240 of 2021 1.M.Veeranan Ambalam 2.V.Vinoth ... Petitioner/Accused No.1 and 2 Vs The State through Inspector of Police, S.S.Colony Police Station, Madurai City, In Crime No.196 of 2021 ... Respondent/Complainant For Petitioner : Mr.Satish Rajkumar.E, Advocate.

For Respondent : Mr.K.R.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in crime no.196 of 2021 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.It is seen from the submissions made that there was a property dispute between the defacto complainant and the first accused. Subsequently, there was an agreement registered between them and an extent of 85 cents was acquired by Highways for extension of road and the compensation of Rs.31,54,198/- was awarded in the Lok Adalat on 09.02.2017. The said amount was deposited in the joint account of the defacto complainant and the first accused in IDBI Bank A/c No.0890104000472746 through NEFT. Subsequently, without any permission from the defacto complainant and with an intention to cheat the defacto complainant of his share, the first accused, on 25.01.2021, forged the signature of the defacto complainant impersonated him with the help of another person and transferred the aforesaid amount to his personal Account No.0890104000493796. The second accused also worked in connivance with the first accused for the alleged offence. Hence, this complaint was registered against the accused. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6240 of 2021 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he is no way connected with the offence. The affidavit filed by the petitioner shows that after the first accused received the entire compensation amount, he should pay 42.5% amount belong to the defacto complainant. 4.The learned Government Advocate (Crl.Side)submits that the entire amount was transferred to the individual account of the first accused. He further submits that the investigation in this case is pending.

5.Taking note of the fact that the land acquisition compensation amount involved in this case is Rs.31,54,000/-, which included the 42.5% amount belong to the defacto complainant and that was transferred to the individual account of the first accused without the knowledge of the defacto complainant by forging his signature and investigation is not completed, this Court is not inclined to grant Anticipatory Bail to the petitioner and accordingly this Criminal Original Petition is dismissed. sd/- 30/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, S.S.COLONY POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.6240 of 2021 Date :30/04/2021 VRN JM/VR/SAR I/17.05.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2