Muthuraman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Muthuraman 2.Karthikeyan ... Petitioners/Accused Rank Not known Vs The Inspector of Police, Central Crime Branch, Madurai City.

Crime No.20 of 2024.

... Respondent/Complainant For Petitioners : Mr.S.M.Anantha Murugan, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.20 of 2024 on the file of the Respondent Police.

1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 419, 420, 465, 467, 468, 471, 474 and 120(B) of IPC in connection with Crime No.20 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the accused persons criminally conspired and created forged sale deed with regard to the property belonging to the defacto complainant and registered the same before the Registrar Office. 3.Considering the nature of offence and on the objections of the respondent police, this Court has dismissed the earlier application filed by these petitioners on 26.06.2024.

4.The learned counsel appearing for the petitioners submits that this is the second application filed by these petitioners, seeking anticipatory bail. The learned counsel further submits that the disputed document has been cancelled by the petitioners and therefore, anticipatory bail may be granted to them. 2/5

5.Considering this submission made by the learned counsel for the petitioners, this Court directed the respondent police to file a counter affidavit as to the nature of offence committed by the petitioners. The respondent police has filed a counter affidavit and the same is extracted as under:- "12. I further submits that the petitioners/Accused were father-son, conspired with accused Sasikumar [Al], who is their close friend and created forged Aadhar Card, Pan card and created the paternal documents by the way of using Government Seal and created fake death and legal heir certificate and impersonate the persons and created the forged documents through their names, which are 1) 5290/2023 (forged Power-dt: 25.08.2023),

2) 4471/2023 (forged sale deed dt: 20.07.2023) on plot No.261 is the owner of one Kalidoss, 3) 7484/2023 (forged Power- dt:28.11.2023) on plot No. 321 is the owner of one Chandra, 4) 7621/2023 (forged Power-dt: 06.12.2023), 5) 7671/2023 (forged sale deed-dt: 07.12.2023) on plot No. 54 is the owner of one Murugesan, 6) 5358/2023 (forged sale deed dt: 23.08.2023), 7) 6342/2023 (forged sale deed, dt 09.10.2023 on Plot No. 260 is the owner of one Lakshmanan and sold the above plots in their names and got the fraudulent money from the innocent persons worth about Rs 2,00,00,000 in this Crime Number for the 4 plots."

3/5

According to the Inspector of Police, Central Crime Branch-I, it is not only certain documents have been forged in this case, the petitioners have also managed to create forged Aadhar Card, Pan Card and the same has been used for the commission of offence. More over, they have also created forged death certificate and legal heir certificate in their names, by way of impersonation. 6.Considering the report filed by the Inspector of Police, Central Crime Branch-I, Madurai, this Court is of the view that creation of forged Aadhar Card, Pan Card, Death Certificate and Legal heir certificate, that too, by impersonation by the petitioners/accused and the persons, who have assisted them in the commission of offence needs to be investigated in a proper manner by the Investigating Agency. In view of the above, this Court is not inclined to grant anticipatory bail to these petitioners.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 16/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS-I/ II / III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 4/5

TO 1.The Inspector of Police, Central Crime Branch-I, Madurai, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12691 of 2024 Date :16/08/2024 RK/JGB (23/08/2024) 5P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5