Elayaraja v. The Inspector Of Police

CRL OP(MD). No.8786 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8786 of 2023 Elayaraja ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, Samayapuram Police Station, Trichy.

(Crime No.79 of 2023).

... Respondent/Complainant For Petitioner : M/s.Paul Murugesh.S, Advocate.

For Respondent : Mr.SS. Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.79 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/ A2, who was arrested and remanded judicial custody on 31.03.2023 for the offences punishable under Sections 465, 466, 468, 471,420 and 506(i) of IPC in Crime No.79 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is having ancestral properties in Enjoor village and three months back the accused persons joined together and came to the house of the defacto complainant by saying that they will help the defacto complainant and created forged chitta and adangal and certificates and attempted to sell the house belonging to the defacto complainant and attempted to obtain bank loan and the Registrar refused to register the sale deed. The accused escaped from that place and the Registrar informed the matter to the Tahsildhar and the Village Administrative Officer and then only the defacto complainant came to https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8786 of 2023 know the facts and after that the accused threatened the defacto complainant to give a sum of Rs.25,00,000/- otherwise they will kill him and demanded to cancel the documents which were in his name and and hence the defacto complainant has given the complaint. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that civil suit is pending between the parties. He further submits that the petitioner is in judicial custody from 31.03.2023, hence he seeks bail.

4.The learned Government Advocate(Crl.Side) would submit that four similar cases are pending against the petitioner, hence he objected to grant bail to the petitioner. Further there is a proposal to detain the petitioner under Act.14 of 1982. 5.Taking into consideration the gravity of offence and also taking note bad antecedents of the petitioner and also the fact that there is a proposal to detain the petitioner under Act.14 of 1982, this Court is not inclined to grant bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.8786 of 2023 Date :17/05/2023 SS/VR/SAR-II/18.05.2023/ 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2