Madras HC: Proceedings to continue against couple in land grabbing case at Puducherry

Justice PN Prakash on dismissing the plea moved by the couple —K Elumalai and E Karpagam —directed the Magistrate to complete the committal proceedings expeditiously as there are sufficient materials against the petitioners for framing of charges.

The judge further held, “From the arguments advanced across the Bar, it appears to this court that, the accused in this case are not simple people, but belong to a gang which identifies rich French nationals with huge properties in Puducherry and usurps them by creating fake documents.” “If the accused do not co-operate, they can be remanded to custody under Section 209 of the CrPC and the case can be committed to the Court of Sessions. If any accused who is on bail absconds, a fresh FIR can be registered under section 229-A IPC,” the judge added.

As per the case, Jacques Antonie owned several properties in Puducherry including a house bearing No 11 at Labourdannais Street. On September 21, 2006, he was murdered and in the case registered against one Destin, the prosecution had also shown Karpagam as an accused. However, Karpagam wriggled out of the case by filing a quash application in the High Court.

But thereafter, the deceased daughter, Marie Jacques on coming to know that her father was murdered only after Karpagam along with her husband Elumalai and few others including Huqo Dexine and Destin, had illegally transferred huge properties belonging to her father by fabricating various documents approached the Odiansalai police with a complaint of land grabbing.

In fact, the specific allegation against the petitioners is that after the elimination of her father, Karpagam had executed a power of attorney on August 1, 2013, in respect of the properties of her father in favour of one Ali Jinnah. Notwithstanding that, she had also executed another power of attorney on July 24, 2015, in favour of one Thyagarajan.

The Odiansalai Police after completing the investigation filed a final report before the Judicial Magistrate No. II, Puducherry for the offences under Sections 420, 120-B, 427, 448, 324, 395, 294(b), 506(ii) IPC r/w 149 IPC against Huqo Dexine (A1) and 15 others, including the couple. Challenging this, the couple moved quash petitions before the High Court.