V RAGHURAMAN, Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 420, 120(B), 465, 468, 471, 419, 34 IPC, seeks anticipatory bail.

(2.) The case of the prosecution is that the disputed property is situated at Uzhuthamangalam Village, Cheyyur Taluk, Kancheepuram District in Survey No.22/1 measuring to an extent of 62 cents, which was purchased by the defacto complainant's father/D.Muthusamy Mudaliar from one Mr.Venkatasamy Reddiar by a sale deed dated 06.04.1960 registered as Document No.1041/1960 in SRO, Madhuranthakam. The said Muthusamy Mudaliar passed away on 10.09.2010. After the demise of the defacto complainant's father, the legal heirs of Muthusamy Mudaliar, contemplated to sell the property and obtained encumbrance certificate. On obtaining the encumbrance certificate, they found that the first accused, who is the wife of the second accused, had created forged document through an unregistered will of the year 1987 and another registered will dated 09.02.1993, claiming ownership over the said property. Thereafter, the first accused created a forged sale deed to convey the property belonging to the defacto complainant compromised in Survey No.22/1 to an extent of 62 cents through a registered sale deed dated 24.11.2011 in the office of SRO, Maduranthagam to the third accused. The petitioner along with other accused had conspired in preparation of the forged documents and committed the offence of forgery and cheating. Hence, the defacto complainant lodged a complaint to the respondent Police on 21.11.2016.

(3.) The learned counsel for the petitioner submitted that there are totally six accused in this case and the petitioner is arrayed as A3. The petitioner had purchased the property to an extent of 62 cents of land in Survey No.22/1 situated at Uzhuthamangalam Village, Cheyyur Taluk, Kancheepuram District through a registered sale deed dated 24.11.2011 vide Document No.7248/2011 in the office of SRO, Maduranthagam. The petitioner had purchased the property for valid consideration. Thereafter, the petitioner sold the said property to A4 through a sale deed dated 26.12.2011 vide Document No.378 of 2012 dated 23.01.2012 in the office of SRO, Maduranthagam. He further submits that the sale deed took place in the year 2011, after six years the defacto complainant lodged a complaint and no reason is been given as to why the delay occurred. The petitioner came to know about the dispute in the title of the property only after he was called for enquiry by the respondent. The fourth accused to whom the petitioner sold the property came forward to cancel the sale deed Document No.378/2012. On 07.08.2020 the cancellation of sale deed was registered as Document No.1952 of 2020. Thereafter, immediately the petitioner called A1 and A2 from whom the petitioner purchased the property to execute the cancellation deed. A1 and A2 having obtained anticipatory bail are now refusing to cooperate with the petitioner to cancel the sale deed. He also submitted that he will not make any claim, right, title or interest over the disputed property in Survey No.22/1 measuring to an extent of 62 cents situated at Uluthanmangalam Village, Cheyyur Taluk, Kancheepuram. The petitioner filed an affidavit stating that he will surrender the original sale deed dated 24.11.2011 Document No.7248 of 2011 and to file a similar affidavit at the time of executing sureties before the Lower Court. Hence, he prays for anticipatory.