Alexsandar v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.11.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Alexsandar ... Petitioner/Accused 2

Vs The Sub-Inspector of Police, District Crime Branch, Sivagangai. (Crime No.16 of 2023) ... Respondent/Complainant Chithra Devi ... Intervene Petitioner/3rd Party In Crl.MP(MD).16397/2023 in Crl.OP(MD).19728/2023 For Petitioner : Mr.T.INDIRACHITHU, Advocate for M/S.MATHURAM LAW ASSOCIATES For Respondent : Mr.R.SURESH KUMAR, Government Advocate(Crl.side) For Intervenor : Mr.RAMSUNDAR VIJAYARAJ, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 of 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 the offences punishable under Sections 468, 471, 420 and 120(B) IPC in Crime No.16 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 04.10.2010 the defacto complainant's mother and brother executed general power of attorney to the petitioner herein. After demise of the defacto complainant's mother, the petitioner herein had executed sale deed in favour of A3 by producing fake life certificate of the defacto complainant's mother. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the investigation is pending.

5.On perusal of records, it is noticed that the petitioner herein was the power of attorney of the defacto complainant's mother, who was admittedly died on

30.10.2013. After knowing the same, the petitioner created a fake life certificate as if she is alive and executed sale deed in favour of A3.

6.Considering the seriousness of the allegations levelled as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/-

21/11/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. GNS TO 1 THE SUB-INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.RAMSUNDAR VIJAYRAJ, Advocate SR.No.52325 (F) DT.21/11/2023 ORDER IN CRL OP(MD) No.19728 of 2023 Date :21/11/2023 SA/JGB/SAR. /22.12.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.