Mohamed Saleem v. State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mohamed Saleem ... Petitioner / Accused Rank Not Known Vs The State of Tamil Nadu Represented by the Inspector of Police, City Crime Branch, Tiruchirappalli City, Tiruchirappalli District.

(Crime No.15 of 2023) ... Respondent/Complainant For Petitioner : Mr.R.Ilayaraja, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.15/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/3

the alleged offences under Sections 417, 419, 420, 463, 465, 468, 471, 506(i) and 120-B of IPC, in Crime No.15 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was looking for a plot for constructing a house. The accused persons are said to have approached him and introduced the power of attorney agent named Muthulakshmi. The defacto complainant is said to have purchased the plot by paying a total sale consideration of Rs.85 lakhs. Thereafter, the defacto complainant came to know that the sale itself had taken place by creating fabricated documents.

3. There are totally 14 accused persons in this case and the petitioner has been arrayed as A11. Already A2 to A4 approached this Court and filed anticipatory bail petition and the same was ordered in Crl.OP(MD). No. 18941 of 2023 by an order dated 20.10.2023. It was also brought to the notice of this Court that summons was issued to the petitioner for enquiry and he did not appear.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire case is borne out by records, the respondent police can resort to Section 35 of the BNSS. As and when the summons is issued to the petitioner, the petitioner is bound to appear before the respondent police and cooperate for the investigation. If there is no co-operation, it is left open to the 2/3

respondent police to proceed further in accordance with law.

5. This criminal original petition is disposed of in the above terms. sd/- 19/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI DISTRICT.

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

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-14244[I] dated 19/11/2024 )

ORDER

IN CRL OP(MD) No.19978 of 2024 Date :19/11/2024 SA/SAR. /23.11.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3