The Madras High Court bench dismissed an application for anticipatory bail filed by an accused apprehending arrest for offences including cheating and forgery. The court refused relief noting that a previous bail application by the same party had been dismissed on merit and no change of circumstances existed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.12451 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 05/11/2020 PRESENT
The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN
CRL OP(MD). No.12451 of 2020
Murugesan ... Petitioner/Accused No.2
Vs
The State rep. by The Inspector of Police, District Crime Branch, Pudukkottai District. (Crime No.3 of 2020). ... Respondent/Complainant
For Petitioner : M/s.S.Ravi, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For Intervener : Mr.V.Panneerselvam, Advocate.
PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C
PRAYER :-
For Anticipatory Bail in Crime No.3 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(B), 406, 419, 420, 465, 467, 468 and 471 of IPC, in Crime No.3 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant said to have purchased the property from one Karthikeyan, who is arrayed as A1 in this case. Subsequently, the defacto complainant came to know that the property originally belongs to one Dhamodharan S/o.Subbaiah, who was residing at Singapore. One https://hcservices.ecourts.gov.in/hcservices/
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CRL OP(MD). No.12451 of 2020
karthick fabricated the forged death certificate in the name of Subbaiah and his wife Gnanajothi. Thereafter, obtained a legal heir certificate in favour of one Ambika, who is the wife of the said Karthick, he sold the property in favour of Karthikeyan/A1. In turn, A1 sold the property to the defacto complainant. After sometime, the original owner of the property claimed title over the property and thereby, the defacto complainant came to know about the said fraudulent transfer made by the Accused, a complaint has been given. Based on that, the FIR has been registered.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.
4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that believing that Ambika is the legal heir of the one Subbaiah, the petitioner has purchased the property, for a valuable consideration, and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner is arrayed as A1 and that there is no change of circumstances after dismissal of the earlier bail application in Crl.OP(MD)No.8897 of 2020 dated 01.09.2020. Further, the custodial interrogation of the petitioner is absolutely necessary and therefore, he opposed to grant anticipatory bail to the second petitioner.
6.It is seen that this is the third application seeking anticipatory bail. The earlier bail application in Crl.OP(MD)No.8897 of 2020 was dismissed on merit by this Court on 01.09.2020.
7.Taking into consideration of the fact that there is no change of circumstances after dismissal of the earlier bail application in Crl.OP(MD)No.8897 of 2020, this Court is not inclined to grant anticipatory bail to the second petitioner.
8.Accordingly, this Criminal Original Petition stands
dismissed.
sd/05/11/2020
/ TRUE COPY / / /2020
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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CRL OP(MD). No.12451 of 2020
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TO
ORDER IN CRL OP(MD) No.12451 of 2020 Date :05/11/2020
DSS
SRS/AKM/SAR-III/18.11.2020/3P/3C
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1 issue framed by the court
Whether anticipatory bail should be granted to a second petitioner in view of the dismissal of an earlier bail application without any change of circumstances.
1 provisions across 1 enactments
Murugesan
The State rep. by The Inspector of Police, District Crime Branch, Pudukkottai District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
