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Madras High CourtCRL OP(MD)/11157/2022dismissed

As. Banumathi v. The Inspector Of Police

2022-07-06Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.11157 of 2022 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11157 of 2022 AS.Banumathi ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Central Crime Branch Police, City Police Commissioner Office, Madurai (Crime No.25 of 2020) ... Respondent/Complainant For Petitioner : Mr.AR.Jeyarhutharan, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor For Intervenor : Mr.R.Gandhi, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.25 of 2020 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 Additional Public Prosecutor appearing for the respondent. 2.The petitioner, who apprehends arrest at the hands of the respondent Police, for the offence punishable under sections 419, 420, 465, 468, 471, 474, 506(i) and 120(b) of IPC in Crime No.25 of 2020, on the file of the respondent police, seeks anticipatory bail. 3.The case of the prosecution is that the petitioner was the servant-maid of the defacto complainant and by taking advantage of the ill health and old age of the defacto complainant, the petitioner in conspiracy with A3 and A4 had prepared a lease deed, as if the defacto complainant had received Rs.18,00,000/- and had mortgaged his property to her and a will was executed in favour of the petitioner's daughter. Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11157 of 2022 and 4.The learned counsel appearing for the petitioner submits that this is the eighth petition filed by the petitioner for anticipatory bail. The earlier petitions were dismissed by this Court on the ground that the petitioner, with in intention to grab the entire property of the defacto complainant created a forged mortgage deed in favour and also created a forged Will in favour of her daughter.

5. The learned Additional Public Prosecutor appearing for the respondent submits that though the petitioner has filed several petitions seeking anticipatory bail, considering the nature of offence, the application has to be dismissed. He further submits that there is no change of circumstances after the dismissal of the earlier petition.

6. Considering the nature of allegations levelled against the petitioner, and there is no change in circumstances, after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 06/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH POLICE, CITY POLICE COMMISSIONER OFFICE, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.R.JEYARHUTHRAN, Advocate ( SR-6646[I] dated 06/07/2022 ) +1 CC to M/s.R.GANDHI, Advocate ( SR-6779[I] dated 07/07/2022 )

ORDER

IN CRL OP(MD) No.11157 of 2022 Date :06/07/2022 VRN MK/PN/SAR.I/13.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2