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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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Crl.OP.No.3057 of 2023

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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Crl.OP.No.3057 of 2023

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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Crl.OP.No.3057 of 2023

Vv

Crl.OP.No.3057 of 2023

13.02.2023

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