G.Revathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL OP(MD) No.21925 of 2022 G.REVATHI ... PETITIONER/DEFACTO COMPLAINANT Vs 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR COLLECTORATE (SUB OFFICE), VIRUDHUNAGAR.
RESPONDENT/COMPLAINANT 2 S.SATHURAPPAN 3 S.REVATHI ... RESPONDENTS/ACCUSED NOS. 1 & 2 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order to cancel the order Anticipatory bail as granted in Crl O.P (MD) No. 21925 of 2022 dated 16.02.2023 in favour of the 2nd and 3rd respondents in connection with Crime No. 10 of 2022 on the file of the Inspector of Police, District Crime Branch, Virudhunagar District by this Hon'ble Court forthwith. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PALANIVELAYUTHAM S, Advocate for the petitioner and of MR.B.THANGA ARAVINDH, Government Advocate (Crl.Side) on behalf of the 1st Respondent and of M/S.
LAXMI GOPINATHAN, Advocate for M/S.POLEX LEGAL SOLUTIONS for the Respondents 2 & 3, the court made the following order:- This petition has been filed for cancellation of anticipatory bail granted by this Court to the respondents 2 and 3 herein in Crl.O.P(MD).No.21925 of 2022 dated 16.02.2023.
2. The petitioner lodged a complaint against the respondents 2 and 3 and the same was registered by the first respondent in Crime No.10 of 2022 for the offences punishable under Sections 120(b), 406, 419, 465, 467 and 471 of IPC. In pursuant to the registration 1/3
of FIR, the respondents 2 and 3 obtained anticipatory bail from this Court. The crux of the allegation is that the petitioner and the second respondent are none other than the brother and sister. The third respondent is the wife of second respondent. The name of the second respondent, his father and his grand-father are one and the same and utilized the same, the property was fraudulently executed in favour of the second respondent, who in turn settled the same in favour third respondent. Suppressing the said fact, they have obtained anticipatory bail before this Court.
3. The learned counsel for the respondents 2 and 3 submitted that though the name of the second respondent, his father and his grand-father is one and the same, they purchased the properties separately in their respective names. Thereafter, the petitioner's father had executed release deed in favour of A2 herein, who in turn executed the settlement deed in favour of A3. Whatever the property purchased in the name of second respondent, they have no title over the property. Therefore, this Court considering the facts and circumstances of the case, rightly granted anticipatory bail to the respondents 2 and 3.
4. On perusal of records, it revealed that the properties, which are purchased in the name of the second respondent's father was already released in his facour, who in turn executed settlement deed in favour of A2, third respondent herein. Therefore, this Court finds no ground to cancel the anticipatory bail granted in favour of the respondents 2 and 3. Accordingly, the Criminal Miscellaneous Petition stands dismissed.
sd/- 20/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR COLLECTORATE (SUB OFFICE), VIRUDHUNAGAR.
2/3
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-6220[I] dated 20/04/2023 ) +1 CC to M/s.PALANIVELAYUTHAM S, Advocate ( SR-6365[I] dated 21/04/2023 )
ORDER
IN IN CRL OP(MD) No.21925 of 2022 Date :20/04/2023 PKP/ /SAR- /25.05.2023/ 3P/7C 3/3