Accused apprehending arrest for forgery and cheating offences relating to sale of land without title sought anticipatory bail. The court noted materials showing the petitioners created documents without title and declined relief, dismissing both petitions while appreciating the investigation officer's report.
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For Crl.O.P(MD)No.6656 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 26/06/2024
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). Nos.6656 and 6914 of 2024
For Crl.O.P(MD)No.6656 of 2024
For Crl.O.P(MD)No.6914 of 2024
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Vs
For Crl.O.P(MD)No.6656 of 2024
The Inspector of Police, District Crime Branch, Dindigul, Dindigul District. Cr.No.1/2024. ... Respondent/Complainant
For Petitioners : M/s.R.Velmurugan,Advocate
For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
COMMON PRAYER :-
For Anticipatory Bail in Crime No. 1/2024 on the file of the respondent police. COMMON ORDER : The Court made the following order :-
The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.1 of 2024, for the offence punishable under Sections 120(B), 417, 463, 465, 468 and 471 IPC, have filed these petitions seeking anticipatory bail.
2.The case of the prosecution is that the defacto complainant has purchased the land in S.No.748/8C3 from the petitioners. However, the said land was sold by the petitioners to the seventh accused that too without patta in favour of the seventh accused. Hence the case.
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For Crl.O.P(MD)No.6656 of 2024
3.The learned counsels appearing for the petitioners submit that based on the judgment passed by this Court in S.A(MD)No.216 of 2010, dated 02.12.2016, the document has been registered. They further submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, they pray for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that without adding the concerned parties to the second appeal, the petitioners have obtained the decree in the second appeal. The judgment passed in the second appeal is pertaining to survey No.748/7, whereas, the petitioners have created the document pertaining to the Survey No.748/8C3.
5.Considering the rival submissions, this Court by earlier order, dated 24.06.2024, has extended the interim anticipatory bail to the petitioners enabling them to appear before the respondent police and to co-operate for the investigation. The respondent police has filed a detailed report.
6.Considering the materials placed before this Court as against the petitioners stating that the petitioners, without any title, have created the document and the manner in which, the document have also been created, this Court is not inclined to grant any relief to the petitioners. Accordingly, these Criminal Original Petitions are
dismissed. https://www.mhc.tn.gov.in/judis
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For Crl.O.P(MD)No.6656 of 2024
7.This Court places appreciation to the investigation officer for the manner, in which, the report has been filed.
sd/26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023. LR TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6656 of 2024 Date :26/06/2024
PKP/JGB/SAR /10.07.2024/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners accused of creating and registering documents over land without title in Crime No.1/2024.
7 provisions across 2 enactments
Felix Martin
Nelson
Arul Jesintha Mary
Sahaya Selvi
Anthuvan Christy
Kevin Michael
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
