Sahaya Benitta v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.17697 of 2024

1. Sahaya Benitta, W/o. Sahayaraj,

2. Sahayaraj, S/o. Dennis, ... Petitioners/Accused Nos.1 & 2 Rani,W/o Vincent ... Intervenor/Defacto Complainant Vs The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Mondaikadu Police Station, Kanyakumari District.

Crime No.18/2024.

... Respondent/Complainant For Petitioner : Mr.Lenin C S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.S.Jeyakumar PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

PRAYER :- For Anticipatory Bail in Crime No.18 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 506(i) of IPC, in Crime No.18 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners/A1 and A2 entered into an agreement for sale with the defacto complainant to sell the house property for a total consideration of Rs.22,50,000/-. After paying the entire amount, an unregistered sale deed was executed in favour of the defacto complainant by A1 and A2. Further, on the request made by the petitioners, a lease deed was executed on 27.08.2021 between both parties and the petitioners continued with the possession and enjoyment. Thereafter, the petitioners breached the promise and they failed to vacate the property.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations that the property is a T-sunami allotment house and all these parties are entering into an unregistered transaction of

selling those houses and promising to sell to the defacto complainant and she parted with the entire sale consideration, but however, neither the possession of the house entrusted nor the money returned, this is not a fit case for the grant of anticipatory bail to the petitioners.

5.Accordingly, this Criminal Original Petition is dismissed. sd/- 24/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB-INSPECTOR OF POLICE, MONDAIKADU POLICE STATION, KANYAKUMARI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC to M/s.S.Jayakumar,Advocate(SR.No.13105)

ORDER

IN CRL OP(MD) No.17697 of 2024 Date :24/10/2024 MGJ(20.12.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023