Angalaeswari v. The Inspector Of Police
CRL OP(MD). No.6983 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6983 of 2023 Angalaeswari ... Petitioners/2nd Accused Vs State rep., by The Sub-Inspector of Police, District Crime Branch, Sivagangai District.
(Crime No.4 of 2023) ... Respondent/Complainant For Petitioners : Mr.G.Prabhakaran, Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor For Intervenor : Mr.Karthick, 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/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 406, 468, 471, 420 and 120B of I.P.C., 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 and Kilarangaiyan Village of 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 Rs.Jagannathan and his wife Angalaeswari and four others have criminally conspired together and has executed a sale deed dated 06.03.2007 in favour of their company called Eswari Agro Farms Private Limited, without defacto complainant's knowledge. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the sale deed of the year 2007, whereas the complaint lodged after several year. That apart, the petitioner was issued summon under https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.6983 of 2023 Section 41A of Crl.P.C and she also attended enquiry. Further submits that while her husband was alive the sale deed was executed and hence, she is nothing to do with the case of the prosecution. Therefore, he seeks anticipatory bail.
4. Heard and perused the materials available on record, including the First Information Report.
5. It is seen that the property originally owned by one R.Janakiraman and he handed over the entire documents along with sale deed in order to transfer of patta to the husband of the petitioner herein, who was the Village Administrative Officer. Thereafter, the VAO died. In the meanwhile, impersonated the said Janakiraman by A1 and executed sale deed in favour of Eswari Agro Farms Private Limited, in which, the petitioner and her husband, brother and son are the Directors. This Court had already dismissed the application for anticipatory bail filed by A11. Therefore, the custodial interrogation of the petitioner is very much required. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.
sd/- 17/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE SUB-INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.RAMSUNDARVIJAYRAJ, Advocate SR.No.5951
ORDER
IN CRL OP(MD) No.6983 of 2023 Date :17/04/2023 SA/VR/SAR.2/26.04.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2