Krishnakumar.M v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.12.2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Crl.OP(MD)Nos.20950 to 20952 of 2021 M.Krishnakumar ... Petitioner/Accused No.4 Crl.OP(MD)Nos.20950 & 20952 of 2021 ... Petitioner/Accused No.6 Crl.OP(MD)No.20951 of 2021 Vs.

State through The Inspector of Police, District Crime Branch, Theni District Crime Nos.17,18 and 16 of 2021 ... Respondent/Complainant in all petitions In all petitions, For Petitioner : Mr.K.Vinayagan For Respondent : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.K.Sanjai Gandhi, Government Advocate(Crl Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime Nos.16, 17 and 18 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 409, 465, 466, 477 A, 468, 471, 472, 109 of IPC r/w Sections 13(2), 13(1)(c), 13(1)(d)(i) of the Prevention of Corruption Act, 1988 in Crime Nos.16, 17 and 18 of 2021 on the file of the respondent police, the petitioner has come forward with these petitions seeking anticipatory bail.

2.The case of the prosecution is that the petitioner was working as Tahsildhar of Periyakulam Taluk during the occurrence of the offence. The defacto complainant is the Sub Collector of Periyakulam. On 21.09.2021, without any direction from the higher officials, the accused persons uploaded some individuals' names in online chitta in respect of the Government lands and some particular extents in the said Government lands were transferred to the names of the accused persons and some other individuals. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has relevant documents to prove that he did not commit any offence as alleged by the prosecution.

4. The learned Government Advocate, on instructions, would submit that Rs.700 Crores worth of Government Lands were swindled by the accused persons. The investigation done by the respondent Police revealed that some of the Government lands were transferred in the names of the relatives of the Government Officials, who are the accused in Crime Nos.16, 17 and 18 of 2021 and within few minutes, all the revenue records were mutated. Hence, custodial interrogation of the petitioner is necessary. Further, the matter is transferred to CBCID, Theni three days back for further investigation.

5. Considering the facts and circumstances of the case, this Court is of the view that only after investigation by CBCID, Theni, the real fact will come into light. Hence, the petitioner is directed to appear before the CBCID, Theni with all available documents within 10 days from the date of receipt of a copy of this order. The CBCID, Theni after perusing the records, shall get permission from the concerned Judicial Magistrate and arrest the petitioner, if necessary, for custodial interrogation. If the petitioner did not appear before the CBCID, Theni as per the direction of this Court, CBCID, Theni is at liberty to proceed against the petitioner in accordance with law. With these directions, these Criminal Original Petitions are disposed of. Sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi 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, THENI DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE, CBCID, THENI.

ORDER

IN Crl.OP(MD)Nos.20950 to 20952 of 2021 Date : 29.12.2021 VB/JC/SAR-III/03.01.2022/3P/4C