Alagumalai v. The Inspector Of Police
CRL OP(MD). No.20802 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20802 of 2022
1. Alagumalai
2. Pappa ... Petitioners/Accused Nos.1 and 2 Vs The Inspector of Police, District Crime Branch, Virudhunagar District. Cr.No.31/2022.
... Respondent/Complainant For Petitioner : M/s.Ramasamy S, 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 Crime No.31/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A1 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 406, 420, 465, 468 and 471 IPC in Crime No.31 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the petitioners have fabricated the general power of attorney of his grandfather and on the basis of it, they executed sale deeds and thereby, they committed the offence. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.20802 of 2022 anticipatory bail to the petitioners.
4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that the petitioner by creating a forged power of attorney, executed sale deeds, hence, in this case, custodial interrogation is necessary. He would further submit that in this case, investigation is not completed. Hence, he strongly opposed to grant anticipatory bail to the petitioner 5.Considering the facts and circumstances of the case and also considering the nature of the offence and also considering the fact that in this case, investigation is not completed, this Court is not inclined to grant anticipatory bail to the petitioners at this point of time.
7.Accordingly, this Criminal Original Petition is dismissed. sd/- 24/11/2022 / TRUE COPY / /12/2022 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 INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20802 of 2022 Date :24/11/2022 AMS/ BUC/SAR-I (01.12.2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2