Allowed

Megala v. State Rep by

Madras HC22 Nov 2023CRL OP/15892/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner accused of cheating and cheque dishonour, subject to conditions including bond execution, weekly reporting, prohibitions on tampering with evidence or absconding, and penalties for breach.

What did the court decide?

Anticipatory bail granted on execution of a bond with sureties and submission to specified conditions including reporting and abstaining from tampering.

Megala Vs State Rep by — Cheque Dishonour | Madras HC (2023)

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Crl.O.P.No.15892 of 2023

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Crl.O.P.No.15892 of 2023 And Crl.M.P.No. 16780 of 2023

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C.V.KARTHIKEYAN, J.

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Intervening Petition in Crl.M.P.No. 16780 of 2023 is allowed.

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2. The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406 & 420 of IPC in Crime No.219 of 2023, seeks anticipatory bail.

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3 . It is stated that the petitioner herein was running a chit and the defacto complainant had invested a sum of Rs.6,90,000/-. It is however informed that the petitioner herein had also issued a cheque for the said amount and proceedings under Section 138 of the Negotiable Instrument Act are pending before the competent judicial Magistrate Court.

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4. In view of that particular facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15892 of 2023

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Magistrate, Omalur, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police once in a week i.e, on every Monday at 10.30 a.m., for a period of two weeks and thereafter as and when required.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or

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trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15892 of 2023

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petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

22.11.2023

vsg

https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15892 of 2023

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C.V.KARTHIKEYAN, J.

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vsg

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Crl.O.P.No.15892 of 2023 And Crl.M.P.No. 16780 of 2023

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22.11.2023

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https://www.mhc.tn.gov.in/judis

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Megala v. State Rep by

Case brief

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Megala v. State Rep by

Case brief

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