DEIVAKANI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 30/9/2022, for the offences punishable under Ss. 120B, 465, 467, 468, 471 r/w 34 IPC in Crime No.206 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution as per the de-facto complainant/Rekchand is that he had purchased the property situated at Plot No.1A and 4A situated at Block 12, 100 Feet Jawaharlal Road, Arumbakkam, Chennai through registered documents vide Nos.2342 of 1986 (1400 Sq.ft.,) and 2343 of 1986 ( 1200 Sq.ft.,) on the file of the SRO, Kodambakkam from one Krishnammal and Venkatesan and he has been in continuous possession of the property from 1986. The further allegation is that one Siddarth Kalada on 24/8/2020, attempted to trespass into the property with more than 60 goons along with Police officials. Hence the de-facto complainant has given a complaint to the police and on enquiry, it was found that the said Siddarth Kalada had obtained an ex-parte decree on 12/7/2016 against the property and attempted to evict him from the property. On further enquiry, the de- facto complainant came to know that the accused by fabrication and forgery of documents had attempted to grab the property and throw him out of the possession. Hence the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A3 in this case. He would further submit that the petitioner has got the property by way of settlement deed executed by his mother, who had purchased the property from A1. He would also submit that the petitioner had given a Power of Attorney to A4 and A4 has sold the property to A5/ Siddarth Kalada and other than that the petitioner has no role in the offence. He would also state that the petitioner is in custody from 30/9/2022 and the documents have also been seized by the respondent from the custody of the petitioner and other arrested accused. He would further submit that the entire case is borne out of documents and hence, he prays for grant of bail to the petitioner.