Ganeshkumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Ganeshkumar ... Petitioner/Accused No.2

Vs The Inspector of Police, Keelarajakularaman Police Station, Keelarajakularaman, Virudhunagar District. Crime No.174 of 2023.. ... Respondent/Complainant For Petitioner : Mr.S. Krishnan,

Advocate. For Respondent : Mr.R.M.S.Sethuraman,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.174 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(b),465,471 and 468 of IPC in Crime No.174 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant purchased a land in S.F.No.229/16 in Arasiyarpatti Village, Virudhunagar District through a registered sale deed vide Doc.No.733/20002. The first accused has taken away the above said document from the custody of the uncle of the defacto complainant and obtained death certificate for the defacto complainant and his wife. Further the first accused manipulated forged documents of legal heir certificate to the above said couple and projected the petitioner as legal heir. Further with the help of other accused has executed registered sale deed through Doc. No.3356/2022 in favour of one Kumar by giving false information and produced forged documents and thereby the case came to be registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Hence he seeks anticipatory to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the first accused has taken away the above document from the custody of the uncle of the defacto complainant and obtained death certificate for the defacto complainant and his wife. Further the first accused manipulated forged documents of legal heir certificate to the above said couple and projected the petitioner as legal heir. Further with the help of other accused has executed registered sale deed through Doc. No.3356/2022 in favour of one Kumar by giving false information and produced forged documents , hence he objected to grant anticipatory bail to the petitioner.

¶5It is seen that this petitioner herein has stood as son of the defacto complainant and his wife who were dead by creating fake document, hence custodial interrogation of the petitioner is very much required in this case, hence this Court is not inclined to grant anticipatory bail to the petitioner.

¶6Hence the petition stands dismissed.

sd/-

14/12/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV TO

¶1The Inspector of Police, Keelarajakularaman Police Station, Keelarajakularaman, Virudhunagar District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.22531 of 2023 Date :14/12/2023 RK/JGB (21/12/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023