D.SHANMUGAM Vs. STATE

JUDGEMENT

(1.) The Petitioner, who was arrested and remanded to judicial custody on 30/8/2022 for the offences punishable under Ss. 465, 467, 468, 471 r/w Sec.34 of I.P.C. In Crime No.147 of 2022 on the file of the Respondent Police, seeks bail.

(2.) The case of the Prosecution is that the property in question was originally belonged to Mr.P.Nayagam, who had succeeded the above said property from one Sadhu Kenghaiah Swamigal by way of registered Will dtd. 8/12/1993. Later on, as a sole legatee of the said Swamigal, he executed a Will dtd. 5/4/2006 with life interest and through his Will, he appointed one Ramamoothy as an executor to dissolve his property according to his desire after his life time. Subsequently, after obtaining the order of granting a Probate from this court, the said Ramamoorthy appointed this petitioner as his power agent by way of registered power of attorney. Thereafter, the property situated at No.58, Badrian Street, comprised in Survey No.11233 and Block No.90 consists of 1624 sq.ft. said to have falsely transacted to one Amutha Esther. However, the defacto complainant with an allegation about the title of property lodged the present complaint against the said Ramamoorthy and other accused.

(3.) The learned Counsel appearing for the Petitioner would submit that the Petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that being an Executor under the Will dtd. 5/4/2006 and following the order passed by this court, A1/Ramamurthy dealt with the property in question being one of the properties belonging to the Mutt and given a power of attorney to and in favour of this petitioner. However, there is a claim and counter claim with regard to ownership of property. He would further submit that the petitioner has acted bonafidely without any malicious motive or with any criminal intention to misappropriate the property in question. He would submit that petitioner is in judicial custody for the past 36 days and the co-accused was released on bail. Therefore, he prays for grant of bail to the Petitioner.