Jebastin Rajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH and CRL MP(MD). No.11959 of 2024

1. Jebastin Rajan

2. Esthak Antony Jesudurai ... Petitioners/Accused No.5 & 6 Vs The State of Tamilnadu, Rep. by the Inspector of Police, District Crime Branch, Tirunelveli District.

Crime No. 20/2024.

... Respondent/Complainant For Petitioner : Mr.R.Balakrishnan, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor : Mr.S.Balaji PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/4

PRAYER :- For Anticipatory Bail in Crime No. 20 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 456, 468, 471 and 420 IPC in Crime No.20 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the subject property originally belonged to the grandfather of the defacto complainant, named as Siluvai Nadar. Taking advantage of the similarity in the name, A1 to A4 executed a fraudulent sale deed in favour of the petitioners, who have been arrayed as A5 and A6 on 14.11.2019. A7 and A8 stood as attesting witnesses and A9 is the document writer and A10 is the Sub Registrar, who registered the document.

3.The learned Counsel appearing for the petitioners submitted that the petitioners themselves are victims in this case since they were not aware that A1 to A4 were misusing the similarity in name and selling the property in favour of the 2/4

petitioners. The learned Counsel further submitted that the petitioners were even willing to cancel the sale deed executed in their favour. 4.Heard the learned counsel appearing on either side. 5.Taking into consideration the facts and circumstances of the case and the The specific stand that has been taken by the petitioners, there shall be a direction to the respondent police to follow the procedure under Section 35 BNSS and get the sale deed cancelled at the earliest insofar as the petitioners are concerned. 6.Accordingly, this criminal original petition stands disposed of. Consequently, the connected miscellaneous petition is closed. sd/- 14/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR 3/4

TO THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVEL DISTRICT.

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

ORDER

IN CRL OP(MD) No.18910 of 2024 Date :14/11/2024 SS/SKN/SAR- /09/12/2024/ 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4