The court has the discretion to grant anticipatory bail in cases involving allegations of fabrication of false documents, abuse, and threats, taking into account the facts and circumstances of each case.

CRL OP(MD). No.22604 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 04/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.22604 of 2022

1.Rajangam

2.Muthulakshmi

3.Amsavalli

4.Prabhu

5.Karthi

... Petitioners/Accused No.1 to 5

Vs.

State rep.by

The Inspector of Police,

Sindupatti Police Station,

Madurai District

(Crime No.207 of 2022)

... Respondent/Complainant

P.Selvakumar

... Petitioner/Intervener

in CRL MP(MD).144/2023 in CRL OP(MD).22604/2022

For Petitioners

: Mr.Haroon Rasheed, Advocate

For Respondent

: Mr.A.Albert James

Government Advocate (Crl.Side)

For Intervenor : Mr.S.P.Prabhakaran, Advocate

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.207 of 2022 on the file of

the respondent Police.

ORDER : The Court made the following order :-

The petitioners/Accused 1 to 5, apprehending arrest at the

hands of the respondent police for the alleged offence punishable

under Sections 147, 294(b), 447, 427, 406, 420, 468, 471 and 506(i)

I.P.C in Crime No.207 of 2022, on the file of the respondent police,

seek anticipatory bail.

2.The case of the prosecution as per the defacto complainant

Selvakumar is that the father's name of the accused 1 and 2 is

Ponnuchamy Thevar and the father's name of the defacto complainant

1/3

https://www.mhc.tn.gov.in/judis

CRL OP(MD). No.22604 of 2022

is Ponnuchamy Teacher and taking advantage of the same, the accused

fabricated false patta by including the survey numbers and had

grabbed the property belonging to the defacto complainant. The

further allegation is that the accused have caused damage to the

boundary stones to the tune of Rs.10,000/- and when it was

questioned by the defacto complainant, they have abused him. Hence,

the complaint.

3.The learned counsel for the petitioners submitted that the

petitioners are innocent persons and a false complaint has been

given against them. He would submit that the first and second

accused are siblings and the third accused is the wife of the first

accused and the fourth and fifth accused are the son of the first

accused. The property is an ancestral property of the petiitoners as

well as the defacto complainant and there was property dispute

between both families since long back. He would also submit that the

defacto complainant's brother one Raja, who is an Advocate by using

his influence, has helped him to lodge a false complaint before the

respondent police. It is his further submission that the defacto

complainant has earlier filed O.S.No.3 of 2021 on the file of the

District Munsif cum Judicial Magistrate, Usilampatti and other civil

litigations are also pending between the parties and the case of the

prosecution is borne out by documents. The petitioners are ready to

abide by any stringent condition imposed by this Court and to co-

operate with the respondent for investigation.

4.The learned Government Advocate (Crl.Side) submitted that the

petitioners and the defaccto complainant are relatives and the

accused have fabricated the false documents and also included the

survey numbers belonging to the defacto complainant and entered upon

the property and caused damages to the boundary stones and also

abused the defacto complainant and threatened him. Hence, he prays

to dismiss this application.

5.The learned counsel for the intervenor would vehemently

oppose for grant of anticipatory bail by stating that the petitioner

by fabrication grabbed the property belonging to the defacto

complainant and when the sa,e was questioned by the defacto

complainant, they have also abused him.

6.Heard the learned counsel appearing on either side and

perused the materials placed before this Court.

7.Taking into consideration the facts and circumstances of the

case, this Court is inclined to grant antic