Kala v. The Inspector Of Police

CRL OP(MD). No.20050 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20050 of 2022 Kala ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, CCB Police Station, Trichy.

(Crime No.30/2022) ... Respondent/Complainant For Petitioner : M/s.Ebenezer Charles T J, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417, 419, 420, 467, 468 and 471 of IPC, in Cr.No.30 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the petitioner is the first wife and the de-facto complainant is the second wife of one Dharmaraj. The said Dharmaraj got divorce with the first accused. On 19.01.2021, the said Dharmaraj passed away at England. Thereafter, the de-facto complainant came to know that the property comprised in S.No.323/1C, which belongs to her husband, was sold out by the first accused with the help of the other accused. Hence, the above case has been registered against the petitioners. 3.On the side of the petitioners, it is stated that the the petitioner is having three shares over the property and she is also https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20050 of 2022 a victim. He would further submit that the petitioner is an innocent person and she is no way connected with the alleged offence and she has been falsely implicated in this case and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution, it is stated that totally eight accused involved in the offence. The de-facto complainant is the second wife of the deceased Dharmaraj. The petitioner is the first wife of the said Dharmaraj. After the death of the said Dharmaraj, all the accused sold out the property illegally. He would further stated that the investigation in this case is at preliminary stage. Hence, he prayed the petition to be dismissed. 5.Considering the seriousness and gravity of the offence and considering the objections raised by the prosecution and also the stage of investigation, this Court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 14/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE CCB PS, TRICHY.

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

+1. CC to M/S.EBENEZER CHARLES T J Advocate SR.No.12974

ORDER

IN CRL OP(MD) No.20050 of 2022 Date :14/11/2022 SS/VR/SAR /24.11.2022/ 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2