High Court · 2025

CRL OP(MD). No.22915 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 06/01/2025PRESENTThe HONOURABLE MR. JUSTICE N.ANAND VENKATESHCRL OP(MD). No.22915 of 2024Muniyandi ... Petitioner/Accused No.4 VsThe State of Tamilnadu,Rep. by the Inspector of Police,City Crime Branch Police Station,Madurai City.(Crime No. 48/2024.) ... Respondent/Complainant For Petitioner : Mr.S.Arokia Selva Ramesh, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor For Intervenor: Mr.R.Siva Kumar PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No. 48 of 2024 on the file of the Respondent Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22915 of 2024ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on15.11.2024 for the offences under Sections 465, 467, 468, 471 and 120(B) of IPC inCrime No.48 of 2024 on the file of the respondent police, seeks bail.2. The case of the prosecution is that A7, A10 and A11 in connivance with A8and A9 created allotment orders as if the lands belonging to the Housing Board havebeen allotted in favour of A1 to A4 and A12. While undertaking this exercise, all thedocuments are said to have been forged up to the allotment order. Based on theforged allotment orders, sale deeds were executed in favour of A1 to A4 and A12 onvarious dates. The four allotment orders were dated 12.09.1997 and the fifthallotment order is dated 17.09.2007. A sale deed was executed in favour of A1 on11.10.2023, in favour of A2 on 20.09.2023, in favour of A3 on 26.10.2023, in favour ofA4 on 08.02.2024 and in favour of A12 on 28.03.2023. All the sale deeds have beenregistered before the Sub Registrar Office, Vilangudi. Thereafter, A1 sold theproperty in favour of A5 by sale deed dated 03.11.2023 and A2 sold the property infavour of A6 by sale deed dated 20.10.2023. Thus, the property belonging to theHousing Board has been knocked off by the accused persons and according to theprosecution, presently fourteen accused persons have been identified and thepetitioner has been arrayed as A4.2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22915 of 20243. The learned Additional Public Prosecutor appearing for the respondentpolice submitted that it was a planned and concerted act on the part of A7, A10 andA11 in connivance with A8 and A9 in creating the forged allotment orders. Hefurther submitted that insofar as the sale deed executed in favour of A3, A7 is thebrother-in-law of A3 and the very sale deed in the name of A3 was the handle workof A7. It was further submitted that insofar as the staff belonging to the HousingBoard, A8 and A9 have been identified and A8 alone has been arrested and A9 isabsconding. He further submitted that steps are also being taken to take policecustody of some of the accused persons in this case in order to gather furthermaterials. He submitted that in view of the provisions of the new procedure code,the police is entitled to take custody during the entire period of 90 days when theaccused persons are in judicial custody since the offence involved in this case ispunishable with life imprisonment. Therefore, he vehemently opposed the grant ofbail to the petitioner since the investigation is pending.4. The learned Counsel appearing for the petitioner submitted that thepetitioner had nothing to do with the alleged offence and he was not even awarethat such forged allotment orders were prepared by the other accused persons. Hesubmitted that the sale deed was executed in the name of A4 on 08.02.2024 and A4had purchased the property without knowing the background of this case. He3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22915 of 2024further submitted that A4 has suffered incarceration from 15.11.2024.5.The learned Counsel for the Tamil Nadu Housing Board submitted that theproperty belonging to the Housing Board has been dealt with by the accusedpersons by creating forged and fabricated documents. He further submitted that theHousing Board is in the process of recovering the property and in the mean time,suits have been filed seeking for the relief of permanent injunction. He submittedthat there is involvement on the part of some of the officials of the Housing Boardand only with their connivance, the other accused persons have managed to createforged allotment orders and the property has been dealt with by executing saledeeds. In view of the same, he vehemently opposed the grant of bail to thepetitioner.6. Taking into consideration the facts and circumstances of the case andconsidering the seriousness of the allegation made against the accused persons andconsidering the fact that the property belonging to the Housing Board has beenattempted to be knocked off by the accused persons and the investigation is pendingand considering the fact that this petitioner has already suffered incarceration from15.11.2024 and he claims to be a bonafide purchaser without knowing thebackground of the case, this Court is inclined to grant bail to the petitioner subject tothe following conditions.4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22915 of 20247. Accordingly, the criminal original petition is ordered and the petitioner isordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupeesten thousand only) with two sureties, each for a like sum to the satisfaction of thelearned Judicial Magistrate No.I, Madurai, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.muntil further orders. [c] the petitioner shall appear before the trial Court during every hearingdate without fail. [d] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial. [e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22915 of 2024[g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 BNS 2023. sd/- 06/01/2025 / TRUE COPY /06/01/2025Sub-Assistant Registrar ( )Madurai Bench of Madras High Court,Madurai - 625 023.LRTo1.The Judicial Magistrate No.I,Madurai.2.Do through the Chief Judicial Magistrate,Madurai District.3.The Inspector of Police,City Crime Branch Police Station,Madurai City.4.The Superintendent,Central Prison, Madurai.5.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.22915 of 2024 Date :06/01/20256/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22915 of 2024 ED/ /SAR- (06/01/2025) 7P / 6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/20237/7