P.Pachaiappan v. The State of Tamil Nadu through, The Inspector of Police
CRL OP/2723/2025 · 2025-03-17
Sunder Mohan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 13289 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13289 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 2723 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 2723 of 2025 P.Pachaiappan D/O.Perumal, No.126, New Ganesh Nagar, 8th street, Neelangarai, Kancheepuram. Petitioner(s) Vs The State of Tamil Nadu through, The Inspector of Police, Inspector of Police, CCB I, Chennai City, EVK Sampath road, Vepery, Periyamet, Chennai. Cr.No. 25 of 2023 Respondent(s) CRL OP No. 2723 of 2025 PRAYER To enlarging the petitioner/accused on Anticipatory Bail in the event of his arrest by the Respondent Police in Crime no. 25/2023, pending investigation on the file of the Respondent Police . CRL OP No. 2723 of 2025 For Petitioner(s): Mr. Elanjchezhien.J For Respondent(s): Mr. S. Santhosh, Govt. Advocate https://www.mhc.tn.gov.in/judis
CRL OP No. 2723 of 2025 ORDER The case of the prosecution is that the property at plot No.13 & 14, measuring 4861 sq.ft., in Survey No.4/3 and 13/2 at Kolatur Village, Venus Nagar, 1 st Main Road, Perambur Taluk, Chennai, originally belonged to one Ganapathy. His wife Nagammal died in the month of January 2018. Thereafter, Ganapathy executed an unregistered Will in favour of his 3 rd sister, Parvathy and the son of the elder sister Vishwanathan. The said Vishwanathan is the defacto complainant. It is alleged that the accused had impersonated and created documents to deny the defacto complainant's property. 2. This is the third anticipatory bail petition before this Court. The earlier anticipatory bail petition in Crl. O.P. No. 28550 of 2023 was dismissed on 06.02.2024 by Hon'ble Mr.Justice C.V.Karthikeyan and this anticipatory bail petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl. O.P. No. 31787 of 2024 on 04.03.2025. https://www.mhc.tn.gov.in/judis
CRL OP No. 2723 of 2025
3. The earlier anticipatory bail petition was dismissed on the following ground: -
“4. It is stated that one of the main accused Kamalakanna, who is A1 had been detained under the Tamil Nadu Act 14 of
1982. It is stated that A3 had been arrested and had been granted bail. But however, the two impersonators are not known and would be known only to the petitioner herein, who identified them before the Sub-Registrar Office. Therefore, custodial interrogation is required.”
4.
It is seen from the above order passed by Hon'ble Mr.Justice C.V. Karthikeyan, the petitioner who is the witness in the Power of Attorney, is the only person who could identify the impersonators. Hence, custodial interrogation may be required. 5. Considering the aforesaid fact, this Court is not inclined to entertain this third anticipatory bail petition. 6. Hence, the anticipatory bail petition is dismissed. 17-03-2025 AT https://www.mhc.tn.gov.in/judis
CRL OP No. 2723 of 2025 SUNDER MOHAN J. AT CRL OP No. 2723 of 2025 To 1.The State of Tamil Nadu through, The Inspector of Police, Inspector of Police, CCB I, Chennai City, EVK Sampath road, Vepery, Periyamet, Chennai. Cr.No. 25 of 2023 CRL OP No. 2723 of 2025 https://www.mhc.tn.gov.in/judis