N.Ramesh And Others vs State

Dr.G.Jayachandran, J

The petitioners, who apprehending arrest for the offences punishable under sections 109, 34, 429, 465, 467, 468, 471 of I.P.C., in F.I.R.No.24 of 2022, on the file of the respondent police, seeks anticipatory bail.

The petitioners herein are apprehending arrest by the respondent police in connection with the case under investigation for land grabbing by forging documents and impersonating as the true owner. According to the defacto complainant Vijaya Murali, the property which she and her sister Sankari got through the Will of her father C.B.Nagarajan has been grabbed by the accused persons by fabricating documents and by impersonation.

The investigation has revealed that the property was purchased by Balasubramaniam the grandfather of the defacto complainant on 25/11/1958. He executed a will on 01/06/1965 in favour of his son C.B.Nagarajan and got it registered. The said Balasubramaniam died on 23/09/1967 and the property devolved on C.B.Nagarajan. Thereafter, as per the Will of C.B.Nagarajan, the defacto complainant and her sister Sankari got the property. The Will of C.B.Nagarajan was duly probated after the demise of C.B.Nagarajan. While so, the accused persons impersonating as Rajeshwari W/o.Balasubramaniam had fabricated a settlement deed dated 11/03/2021 alleged to have been executed by Rajeshwari W/o.Balasubramaniam in favour of one Radha and in turn, the said has created a settlement deed in favour of one Prabu vide document dated 06/07/2021. The said Prabu, in turn, through his power agent sold the property in favour of one Sameer Kottakkal Umar and the said Sameer Kottalkkal Umar has deposited the title deed with ICICI Bank and availed loan for a sum of Rs.2 crores. The said loan amount has been shared by the accused persons as below:-

Sameer Kottalkkal Umar

Rs.1,11,000/-

Ganesh (Benami of Kamalkannan)

Rs.30,00,000/- & Rs.13,75,000/-

Kalyanasundaram (ABK Enterprises)

Rs.20,00,000/- & Rs.10,00,000/-

Shanmugasundaram (As per instruction of Kalyansundaram)

Rs.15,00,000/-

Subramaniam (Fictitious account maintained by Sameer Kottalkkal Umar)

Rs.10,00,000/-

Prabu

Rs.25,00,000/-

After transferring the money into the accounts of others, the money has been again layered through subsequent bank transaction among the accused persons. The crime proceeds had been also used to clear the personal bank loan of some of the accused persons.

The investigation further reveals that, these petitioners have shared the crime proceeds for facilitating the fraudsters to avail loan from ICICI Bank. It is also found that, fake Identity Cards and Adhaar cards were fabricated by these accused persons with the help of one Mr.Satish of Padappai and these petitioners actively participating in fabricating the documents to avail loan. The counter filed by the respondent indicates that, these petitioners along with other accused persons have committed similar offence and fabricated documents ready for registration by impersonation in respect of the property at Ram Nagar Madipakkam by fabricating document, as if, the property is owned by one Charles Kamaleshan.

The anticipatory bail petition is strongly opposed stating that, on the arrest of Charles Kamaleshan in other case has lead to bust of the present crime under investigation. These two petitioners, who have actively participated in the crime and shared substantially the crime proceeds have vacated their residence and gone underworld and their custody is necessary for investigation the trail of the money and their involvement in other cases.

On perusing the case records and the counter filed by the Learned Government Advocate (Crl.Side), this Court finds that, the investigation of the crime requires the custodial interrogation of the petitioners, who are absconding with the proceeds of crime. Hence, this Criminal Original Petition is dismissed.