2023 Supreme(Online)(Mad) 103646
MADRAS HIGH COURT
T.V.THAMILSELVI, J
V.ANBAZHAGAN – Appellant
Versus
INSPECTOR OF POLICE – Respondent
CRL OP/3057/2023
Crl.OP.No.3057 of 2023
Crl.OP.No.3057 of 2023
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest for the alleged offence under
Sections 419, 465, 468, 470 and 420 of IPC in Cr.No.22 of 2023 on the file
of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 09.01.2023, one Kannayian
presented the document for registration, the Sub-Registrar, Ambattur
suspected the parent document No.2107 of 1980 and lodged complaint
before the respondent police.
3. The learned counsel for the petitioner would submit that the the
petitioner is an innocent and he has not committed any such offence as
alleged by the prosecution and based on the confession of co-accused, the
petitioner has been implicated in this case. Hence, the learned counsel prays
to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) for the respondent
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would raise objection by stating that totally, there are three accused involved
in this case. While A1 has presented the document for registration, the
Registering Authorities have found that the parent document is a fake
document and the enquiry is pending before the Sub Registrar, Ambattur. He
would further submit that the petitioner is a Broker, he has played a main
role to create the document. He would further submit the the original name
of A1 is Dhanapal, but he has impersonated himself as Kannaiyan as if he is
the owner of the property. A2 one Ammulu who is the power agent and she
is still absconding. Based on the complaint given by the registering
authority, FIR was registered by the respondent police, but till date the
respondent police has searched the original owner.
5. A perusal of materials available on record including FIR and the
confession statement of Dhanapal primafacie reveals that the original name
of A1 is Dhanapal, but he has impersonated himself as Kannaiyan as if he is
the owner of the property.
6. Taking into consideration the facts and the submissions made by
both counsel and also taking note of the fact that the petitioner is the main
person who created fake documents and the respondent police is still
searching the original owner of the said property , this Court is not inclined
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to grant anticipatory bail to the petitioners.
7. Accordingly, this Criminal Original Petition is dismissed.
13.02.2023
Vv
T.V.THAMILSELVI, J.
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Vv
Crl.OP.No.3057 of 2023
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