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Madras High CourtCRL OP(MD)/11314/2021dismissed

Venkadesan v. The Inspector Of Police

2021-09-03Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11314 of 2021

1. Venkadesan

2. Sundar ... Petitioners/Accused No.8 & 9 Vs State rep.by The Inspector of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tenkasi District.

(Crime No.152 of 2021).

... Respondent/Complainant V.S.Velayutham

...Petitioner/Intervener/Informant

(in Crl MP(MD)No.5961/2021) For Petitioners : M/s.Pragalathan.N, Advocate. For Respondent : M/s.T.Senthilkumar, Government Advocate (Crl.Side) For Intervenor : M/s.N.Dilipkumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No. 152 of 2021 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 offences punishable under sections 120(b), 465, 468, 471 and 420 of I.P.C. and Section 84 of the Registration Act, in Crime No.152 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with some other accused had fabricated the revenue records by

forging the signature of the Special Tahsildar, Town Survey Settlement Officer, Sankarankovil and the Government seal in respect of the New Survey No.5 corresponding to Old Survey No.167 to an extent of 1.48.5 Ares. Hence, the complaint.

3.The learned counsel for the petitioners states that the petitioners only attested the documents and they are not aware of the title of the property.

4.The learned counsel for the defacto complainant submits that Document Nos. 1139, 1140, 1141, 1142 and 1143 of 2020 have been created by the bogus seal of the Thasildar and the Town Survey Settlement Officer, Sankarankovil and petitioners stood as witnesses in the said documents. Even during the family arrangement, in the document created in Document No.1786 of 2017, dated 31.08.2017, these petitioners stood as witnesses. The volume of fraud involved by the petitioners needs interrogation. Hence, he prayed for dismissal of this petition.

5.The learned Government Advocate (Crl. Side) submits that the investigation is not completed and the interrogation of the petitioners is needed for further investigation. Hence, he pressed for dismissal of this petition.

6.Considering the nature of offence alleged against the petitioners and the fact that investigation is yet to be completed, this Court is not inclined to grant anticipatory bail to the petitioners and this Criminal Original Petition is dismissed. Sd/- 03/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

IAS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Inspector of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tenkasi District.

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

+1. CC to M/S.PRAGALATHAN.N Advocate SR.No.5991

ORDER

IN CRL OP(MD) No.11314 of 2021 Date :03/09/2021 SP/JC/SAR III/09/09/2021/3P/4C