Karuppaiah v. The Inspector Of Police

CRL OP(MD). No.18281 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18281 of 2022 Karuppaiah ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Kallal Police Station, Sivagangai District.

(Crime No.133/2022).

... Respondent/Complainant For Petitioner : M/s.Murali Kumar A, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.133/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 18.09.2022 for the offences punishable under Sections 419, 420, 465, 467, 468, 471 & 120(b) of IPC, in crime No.133 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that defacto complainant is the sister of the second accused. The petitioner and the other accused have conspired together and created a forged document and thereby, sold the property belongs to the defacto complainant Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that this is the second bail application. Earlier application filed by the petitioner in Crl.OP (MD)No.17911 of 2022 was dismissed by this Court, on 06.10.2022. He would further submit that the petitioner was only acted as broker. Even in the FIR, there was no specific overt act attributed against the petitioner. He is in judicial custody from 18.09.2022, hence, he prays for grant of bail to the petitioner.

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CRL OP(MD). No.18281 of 2022 4.The learned Additional Public Prosecutor would submit that the property was sold to A4 in the year 2015, which belongs to the defacto complainant by impersonation. The petitioner is the master mind of the entire occurrence. Earlier application filed by the petitioner was dismissed on the ground that he is having 4 previous cases. Now, 6 witnesses have been examined and 3 witnesses to be examined and the investigation is still pending. Hence, he strongly opposed to grant bail.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner herein is the master mind behind the entire occurrence and he is having previous cases, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 26/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 KALLAL POLICE STATION, SIVAGANGAI DISTRICT.

2. THE OFFICER-INCHARGE, SUB JAIL, SIVAGANGAI..

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

ORDER

IN CRL OP(MD) No.18281 of 2022 Date :26/10/2022 dss USK/VR/SAR-II/31.10.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2