Allowed

Aboorva Chitra v. State Rep.by

Madras HC23 Nov 2023CRL OP/23835/2023

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to the petitioner in a case involving cheating and criminal breach of trust under sections 406, 420, and 506 IPC. The order conditions bail on the deposit of Rs.1,00,000, execution of a bond with sureties, daily reporting to police, and prohibitions on tampering with evidence or absconding. Failure to comply attracts dismissal of the petition and potentia

What did the court decide?

Anticipatory bail granted conditioned on deposit of Rs.1,00,000 for victims, execution of bond with sureties, daily reporting to police, and compliance with conduct conditions.

Aboorva Chitra Vs State Rep.by — Cheating and Forgery | Madras HC (2023)

¶1

Crl.O.P.No.23835 of 2023

¶2

C.V.KARTHIKEYAN, J.

¶3

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 506(i) of IPC in Crime No.148 of 2023, seeks anticipatory bail.

¶4

It is the case of the defacto complainant that the petitioner

¶5

stated that he would arrange job for the defacto complainant and other victims in Central University, Thiruvarur and had received a sum of Rs.4,00,000/- out of which a sum of Rs.80,000/- had been paid by the defacto complainant and the petitioner did not return the money and did not arrange for the job. The learned counsel for the petitioner stated that the petitioner would deposit a sum of Rs.1,00,000/-, which would give some relief to the victims.

¶6

3.In view of that particular fact without entering into any

¶7

further discussion, this Court is inclined to grant anticipatory bail to the

¶8

1/4

¶9

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

¶10

petitioner, however directing the petitioner to deposit a sum of Rs.1,00,000/- to the credit of Crime No.148 of 2023 now pending before the leaned Judicial Magistrate, Thiruvarur. On such deposit, the learned Judicial Magistrate, may equally distribute a sum of

¶11

Rs.25,000/- to each one of the four victims and record the same .

¶12

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 learned Judicial Magistrate, Thiruvarur, 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:

¶13

[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.

¶14

2/4

¶15

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

¶16

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

¶17

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

¶18

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

¶19

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

¶20

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

23.11.2023

smv

3/4

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

¶25

C.V.KARTHIKEYAN, J.