Bail

rajendran (Querist) 26 August 2011 This query is : Resolved
A is doctor and B,C,Ds are they are close relative. BCD are working as software engineer at USA. In the year 2000 A and BCD entered a Partnership agreement and started a Multi Spciality Hoispital at Madurai. Tamil Nadu State. Four years passed in the year of 2004 Wife of A came to India with a power of Attorney deed to check up the accounts of the said Hospital. After Checking accounts she found that 1.28 Crs Rupees was misappropriated by the A. A threatened Wife B and compul to registered the Hospital to his name. Immediately wife B lodged a complaint before the concern Jurisdinction Police Station. Because of the Political motive police was not take action. While being so, wife of B was kidnapped by A and E and F and she was broguht to G's office who is highly political Motivated Powerful person and he also threatened wife of B to regisered the hospital in favour of A. B's wife imeediately informed the matter to her husband through Phone. Immediately BCD were came to India and me G at his office. At that time alsos they were threatened and compuled to registered the same and H who is working as Deputy Inspector General of Registration Departgment prepared a sale agreement and G obtained the singature of BCD and they were sent to USA. After some time again they were called to India to registered the sale deed and the regisetertion was completed on 17.05.2010. After 11 months passed B lodged a complaint before the Commissioner of Police Madurai, a case was registered for an offence u/s 365, 368, 384,420, 506(II) r/w 477(A) and 166 of IPC. A is Rank1 Accused A's wife was Ranked as A2 E was ranked as A3 G was ranked as A4 and H was ranked as A5. A E H were remanded for judicial custody. This is the story of the Prosecution. The bail Petition was came up for hearing before the Magistrate Counsel of H agrgued that except section 477(A) all other section are not made out against the H. He statiing that he is did his official function (Registering the Docuemnt)The plea of Counsel of H is correct or not? Is there any relevant citiation for the same? Please clarify the same.

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Raj Kumar Makkad (Expert) 26 August 2011
Though copy of FIR has not been got availed by you but the plea of counsel for H seems somehow correct as he is not involved in abduction, threatening etc.