Lalitha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Lalitha ... Petitioner Vs State rep. by The Inspector of Police, Navalpattu Police Station, Trichy District.
... Respondent/Complainant For Petitioner : Mr.V. Kathirvelu Senior counsel in both cases for Mr.C.Karthickeyna For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor in both petitions For intervenor : M/s.T.Banumathy PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS 1/4
PRAYER :- For Anticipatory Bail in Crime No.05 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/ Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 IPC @ 420, 379, 120B, 294(b) and 506(ii) IPC Crime No.05 of 2024, seeks anticipatory bail.
2. The case of the petitioner is that the mother voluntarily and wholeheartedly executed settlement deeds in favour of the petitioner and when the concerned Revenue Divisional Officer under the Maintenance of Senior Citizens Act had cancelled, the petitioner has filed a Writ Petition before this Court and got an interim order. Against the same, the present complaint is lodged.
3. The learned counsel appearing for the intervenor would submit that the mother knows only to sign her name and is not much literate. During the COVID period, the petitioner being the sister was in charge of purchasing properties and therefore, several properties were being purchased in the name of the parents as well as in her name. In the guise of purchase, the mother was taken to the Sub Registrar Office, without making her to read the papers, the settlement deeds have been registered. There is no way the mother could register the said properties by way of settlement as these are properties, which are purchased on behalf of her sons 2/4
and daughter who are earning in the United States of America.
4. I have considered the rival submissions made on either side and perused the materials on record.
5. Considering the fact that it is only the petitioner's brothers and sister, who had travelled abroad and are earning and there was no occasion for the mother to settle the properties in the name of the petitioner, prime facie case is made out against the petitioner and this is not a fit case for granting of anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed.
7. Even after dismissal of the anticipatory bail petition, if the investigation is not progressing, the Superintendent of Police is directed to supervise the investigation. sd/- 14/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION, TRICHY DISTRICT.
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2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8859 of 2024 Date :14/08/2024 SS/GS/SAR- /14/09/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4