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Madras High CourtCRL OP(MD)/9023/2023partly allowed

Perumal v. The District Registrar

2023-06-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Perumal 2.Balamurali Krishnan 3.Muthumanickam 4.Balraj ... Petitioners / Accused No.8,9,12 & 15 Vs 1.The District Registrar, Madurai South Region, Madurai District.

... 1st Respondent 2.The State rep by The Inspector of Police, DCB (ALGSC), Madurai District.

( In Crime No.12 of 2023) ... 2nd Respondent / Complainant (R1 is suo motu impleaded as per oder of the Court dated 18.05.2023 in Crl.O.P.(MD) Mo.9023 of 2023) For Petitioners : Mr.J.Mohamed Ibrahim, Advocate For Respondents : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.12 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A8, A9, A12 & A15, who apprehend arrest at the hands of the 1/3

respondent police for the offences punishable under Sections 420, 465, 467, 468, 471, 419, 34 and 109 IPC in Crime No.12 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that A1 is the mother of A2 and she was passed away and she has purchased the disputed property in the year 2021. A3 to A5 impersonated the property and created a fake document and obtained patta and transferred the property in the name of A1 and based on that patta, A1 has executed a gift settlement deed in favour of A2, by taking illegal right of the defacto complainant. Further, based on the gift deed, A2 had pledged the disputed property and availed loan from the Bank. Hence, the case. 3.On 18.05.2023, this Court granted interim anticipatory bail to the petitioners and the same is made absolute, insofar as the petitioners 1, 2, 3 are concerned. Insofar as the fourth petitioner is concerned, this petition is dismissed. Accordingly, this criminal original petition is partly allowed. sd/- 30/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 2/3

To 1.The Judicial Magistrate, Anti Land Grabbing Special Court, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The District Registrar, Madurai South Region, Madurai District.

4.The State rep by The Inspector of Police, DCB (ALGSC), Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9023 of 2023 Date :30/06/2023 ED/DD/SAR- (26/07/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3