S.Arumuga Nainer v. The Inspector Of Police

CRL OP(MD). No.23325 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/12/2022 PRESENT The Hon`ble Ms.Justice R.N.MANJULA CRL OP(MD). No.23325 of 2022 S.Arumuga Nainer ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Tirunelveli EOW Police Station, Tirunelveli District Cr.No.4/2022.

... Respondent/Complainant For Petitioner : M/s. Mohan Gandhi.S.M, Advocate.

For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 4/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 09.12.2022 for the offences punishable under Sections 408, 409, 463, 467, 468, 471, 420 and 120(b)IPC in Crime No.4 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the land situated in S.No.853/1 belongs to State Bank of India, Employees Co-operative Society. The plots in this land can only be sold to the SBI employees. The first accused created forged documents and sold the petitioner herein. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 09.12.2022 and hence, he seeks bail. 4.The learned Additional Public Prosecutor would submit that the prime part of the investigation is being done. Only after collecting the relevant information from the District Registrar, the further facts about the modus operandi of the accused can come to https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.23325 of 2022 light. He would further submit that the accused has got previous case, which is a murder case. He would further submit that it is not as simple as a case of a civil dispute. But, the petitioner has got a criminal intention to create documents by claiming false title. Hence, he opposed to grant bail to the petitioner. 5.Since the investigation is at the initial stage, it is not a proper stage to consider the bail application in favour of the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/12/2022 / TRUE COPY / 29/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI/PNN TO 1 THE INSPECTOR OF POLICE, TIRUNELVELI EOW POLICE STATION, TIRUNELVELI DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.23325 of 2022 Date :28/12/2022 SA/MMS/SAR.2/29.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2