Landmark Property Attachment Order in Coimbatore Cheating Case
In a significant legal development, the VII judicial magistrate court in Coimbatore has issued an order to attach a lodge and adjacent land that a couple allegedly acquired through fraudulent means from an elderly woman.
The court directive came on Tuesday following a petition filed by assistant public prosecutor Bahavatsingh, seeking attachment of the disputed property involved in a cheating case that has drawn attention for its pioneering use of new legal provisions.
The Cheating Scheme Unraveled
According to police investigations, the case centers around K Santha, a 66-year-old woman from Cross Cut Road in Gandhipuram, who owned Chithra Lodge situated on 5.5 cents of land along with an additional 1.5 cents of vacant property nearby.
Facing financial constraints, Santha had borrowed substantial amounts from multiple lenders by pledging her lodge and land as security. When she found herself unable to repay these debts, she decided to sell the entire property—both the lodge and the adjacent 1.5 cents of land—and informed several real estate brokers about her decision.
The investigation revealed that I Soosairaj and his wife Arokkiya Selvi approached Santha with an offer to purchase the property for Rs 10 crore. As part of their agreement, the couple promised to clear all outstanding loans that Santha had taken against the property and recover the original documents from the lenders.
Broken Promises and Legal Action
Following their initial agreement, the couple paid Rs 51 lakh in multiple installments and proceeded to register the property under Arokkiya Selvi's name. However, they subsequently failed to honor their commitment to pay the remaining amount to Santha as originally agreed upon.
Left with no other recourse, Santha approached the Coimbatore city crime branch and filed a formal complaint on August 3, 2024. The police registered a case and initiated a thorough investigation into the matter, eventually filing a chargesheet before the VII judicial magistrate court.
Judicial magistrate K Indhirajith reviewed the case and the attachment petition before delivering Tuesday's order to attach the disputed property, providing significant relief to the elderly complainant.
Historic Application of New Legal Provisions
This case has gained particular significance as it represents the first application of the newly implemented Bharatiya Nagarik Suraksha Sanhita (BNSS) in such matters. The investigating officer confirmed that this marks a pioneering use of the updated legal framework.
The BNSS empowers police authorities to attach or seize property that is reasonably believed to have been acquired through criminal activities. Importantly, the new provisions prevent accused individuals from transferring such properties to other parties during ongoing legal proceedings—a crucial safeguard that was not available under previous legislation.
This landmark ruling sets an important precedent for future cases involving property disputes and financial fraud, demonstrating the practical implementation of the updated legal system in protecting victims of financial crimes.
