Ponnusamy v. Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Ponnusamy,
2. Karuppaiah, ... Petitioners/Accused No.2 & 4 Vs The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District Cr.No.119/2024.
... Respondent/Complainant For Petitioners : Mr.K.K. Samy, Advocate.
For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.119/2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, for the offence under Sections 406, 420, 465, 468, 471, 294(b) and 506(i) I.P.C., in Crime No. 119 of 2024 on the file of the respondent Police, seek anticipatory bail. 1/4
2. The case of the prosecution is that due to previous enmity, the petitioners and other accused said to have created a forged document by using defacto complainant's father. When the same was questioned by the defacto complainant, the petitioners abused the defacto complainant in filthy language and also threatened him with dire consequences and also prevented him from discharging duty.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that A2 by using fake I.D., has created a document of the property belong to the defacto complainant's father and that was sold to the petitioner. The petitioner said to have purchased the property by way of registered deed in the year 2017. However, on the application filed by the defacto complainant, an enquiry was conducted by the District Collector and the document, which was registered by A2 2/4
was cancelled. The petitioner has also challenged the same before the Inspector General of Registrar and lost the same. Thereafter, the defacto complainant filed an application for surveying his property and fixing the boundary in W.P.(MD) No.18799 of 2024, directing the survey authority to survey the land and to fix the boundary. While executing the orders of this Court to conduct survey, with the revenue officers, the petitioners assaulted them and also intimidated them.
5. The learned counsel for the petitioners submits that they have filed three suits with regard to the subject issue and the issue is pending before the Court and the officials attempted to measure the land and fix the boundary.
6. It appears that the petitioners have lost before two forums, viz., District Registrar and Inspector General of Registrar.Though the petitioners said to have filed the suits in the year 2021, they have not obtained any relief. On the other hand, they have prevented the officials from discharging their duty. Considering the conduct of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.
7. Accordingly, this Petition is dismissed with liberty to the petitioners to 3/4
move an application, if any interim protection is granted by the civil Court in favour of the petitioners.
sd/- 12/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8586 of 2024 Date :12/06/2024 SS/VR/SAR- /02/07/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4