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Madras High CourtCRL OP(MD)/17112/2022dismissed

Nainamohamed v. The Sub Inspector Of Police

2022-09-26Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.17112 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17112 of 2022 Nainamohamed ... Petitioners/Accused No.1 Vs State Rep. by The Sub Inspector of Police, Velayuthapattinam Police Station, Devakottai Taluk, Sivagangai District.

(Crime No.29/2022) ... Respondent/Complainant For Petitioner : Mr.B.Muruganandam Advocate.

For Respondent : Mr.M.Muthumanikkam Govt. Advocate (crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.29 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471 r/w 120(B) of IPC in Crime No.29 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused colluding sold the property of the defacto complainant's father by impersonation. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is the bonafide purchaser and believing the words of the other https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17112 of 2022 accused, he purchased the subject matter property for valid consideration. He further submits that even today, the petitioner is ready to cancel the deeds. Hence, the learned counsel prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that the petitioner is having one previous case. He further submits that, since the investigation is in initial stage and it requires custodial interrogation, he opposes to grant anticipatory bail to the petitioner. 5.Considering the nature and gravity of the offence committed by the petitioner also the fact that the investigation is at the initial stage as stated by the learned Government Advocate, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 26/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

skn 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 Sub Inspector of Police, Velayuthapattinam Police Station, Devakottai Taluk, Sivagangai District.

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

ORDER IN CRL OP(MD). No.17112 of 2022 Date : 26/09/2022 TR/GB/SAR-II(30.09.2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2