Madras High CourtCRL OP(MD)/15671/2021dismissed

M.Kaliappan v. The Inspector Of Police

2021-10-22Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD)No.15671 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 22.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.15671 of 2021 1.M.Kaliappan 2.V.Krishnakumar 3.V.Veluchamy 4.M.Karuppuchamy ... Petitioners / Accused No.1 to 4 Vs State Rep. By The Inspector of Police, District Crime Branch, Special Cell of Anti Land Grabbing, Dindigul District.

(Crime No. 16 of 2020) ... Respondent / Complainant For Petitioners : Mr.C.Gangai Amaran For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 294(b), 420, 467, 468, 506(ii) IPC, in Crime No.16 of 2020, seek anticipatory bail.

2.The prosecution case is that the defacto complainant's father executed a general power of attorney in favour of the first petitioner and subsequently, died on 07.01.2008. Suppressing the demise of the Principal, the petitioners and other accused colluded with each other and executed documents among themselves. Hence, the complaint.

3.Learned Counsel for the petitioners submitted that the petitioners are innocents and have not committed any offence as alleged by the prosecution.

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CRL OP(MD)No.15671 of 2021 4.Heard the learned Additional Public Prosecutor appearing for the respondent as well.

5.The allegation as against the petitioners appears to be serious in nature. The first petitioner has obtained a power deed in the year 2005 from one Kalimuthu Pillai. The said Kalimuthu Pillai died in the year 2008. After the demise of Kalimuthu Pillai, the petitioners, with the connivance of one of the legal heir of Kalimuthu Pillai, created documents in favour of the other accused. On the complaint of one of the legal heir of Kalimuthu Pillai, the case was registered.

6.Considering the manner in which the offence has been committed, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition stands dismissed.

sd/- 22/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gk 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, DISTRICT CRIME BRANCH, SPECIAL CELL FOR ANTI LAND GRABBING, DINDIGUL DISTRICT.

2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.15671 of 2021 Date :22/10/2021 SB/VR/SAR-II/02.11.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/