Chandrasekar v. The Inspector Of Police

CRL OP(MD). No.18680 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18680 of 2022 Chandrasekar ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, District Crime Branch (ALGSC)police Station, Madurai District.

(In Crime No.32/2020).

... Respondent/Complainant For Petitioner : M/s.Karunanidhi R, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.32/2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 465, 467, 468, 471 and 120(B) IPC in Crime No.32 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the landed property comprised in S.No.131/2A and 131/2C measuring 55 Cents is owned by one R.Venkateshwara Iyer. He had sold the said property to one Duraipandian Pillai, who is none other than the father of the complainant Pugazhendiran. One Azhagarsami / A1 had instigated the petitioner herein to execute a registered power of attorney in his name by taking the name of Venkateshwara Iyer was deceitfully. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the said occurrence was taken place in the year 2011, but, the FIR has been registered in the year 2020. He would further submit that the petitioner's name was mis-used by A1 and A2 and created https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18680 of 2022 the fabricated documents. He further contended that the petitioner is innocent and his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that A3 impersonated his name and executed a power of attorney in favour of A1 and in turn A1 sold the property to the father of the complainant. He would further submit that the custodial interrogation of the petitioner is necessary and he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the serious nature of allegations made against the petitioner and also the submission made by the learned Government Advocate (Crl.Side) appearing for the respondent, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH (ALGSC)POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18680 of 2022 Date :19/10/2022 TRP SA/SBN/SAR.1/31.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2