Dismissed

G.Nandhanamangai v. State Rep by Its

Madras HC29 Apr 2024CRL OP/1166/2024

Case brief

AI extract

What is this about?

Bail petition by accused in a cheating case over unpaid sale consideration. Interim bail earlier granted on an undertaking to pay Rs.32,00,000/-; petitioners neither paid nor surrendered before the Magistrate as directed. Recording this conduct, the Court cancelled the interim bail and directed police to secure the accused, dismissing the petitions.

What the court decided

AI extract

G.Nandhanamangai Vs State Rep by Its — Cheating and Forgery | Madras HC (2024)

¶1

Crl.O.P.Nos.1166 & 1954 of 2024

¶2

T.V.THAMILSELVI,J.

¶3

The petitioners (A1 & A3), who were arrested and remanded to judicial custody in connection with Crime No.702 of 2023 registered for the alleged offences punishable under Sections 406, 468, 471, 420 r/w 109 of IPC, seek bail.

¶4

It is the case where, the accused had induced the de facto complainant and executed the sale deed in respect of the properties belonging to the de facto complainant, in their favour and obtained the documents relating to the title of the property and cheated him by not paying the sale consideration of Rs.33,20,000/-.

¶5

Earlier, this Court, taking into consideration the Undertaking Affidavit filed by the petitioners stating they will pay a sum of Rs.32,00,000/- to the de facto complainant, had granted interim bail to the petitioners vide orders dated 06.02.2024 and 12.02.2024 respectively and also directed them to surrender before the learned Judicial Magistrate No.I, Udumalpet on 12.03.2024 and adjourned the matter to 13.03.2024 for reporting compliance.

¶6

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

¶7

When the matters were listed on 13.03.2024, this Court directed the

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Registry to obtain Reports from the learned Magistrate whether the petitioners had surrendered before the Court on 12.03.2024. Pursuant to the order passed by this Court on 13.03.2024, the learned Magistrate had sent Reports stating that the petitioners have not surrendered before him on 12.03.2024. Thereby, this Court directed the respondent to take necessary steps to secure the accused.

¶9

Thereafter, on 26.03.2024, it is reported by the respondent that the petitioners/accused are absconding and they are taking every effort to secure them. Thereby, this Court had directed the Superintendent of Police, Tiruppur District to monitor the entire issue and give necessary direction to the respondent and directed the respondent to file a status report on 12.04.2024. Thereby, on 12.04.2024, this Court had directed the petitioners to pay a sum of Rs.32,00,000/- and to surrender before the learned Judicial Magistrate No.I Udumalpet on or before 28.04.2024. Further, directed the respondent to take the petitioners under custody, if the accused/petitioners fail to surrender before the Magistrate Court.

¶10

Today, when the matter is taken up for hearing, the learned

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Government Advocate (Crl.Side) submitted that the petitioners have neither

¶12

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

¶13

paid the amount to the de facto complainant nor surrender before the Judicial Magistrate No.I Udumalpet.

¶14

Recording the submissions made by the learned Government Advocate (Crl.Side) and considering the conduct of the petitioners, this Court is inclined to cancel the interim bail granted to them.

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Accordingly, the orders of interim bail granted by this Court to the petitioners on 06.02.2024 and 12.02.2024 respectively stand cancelled. Thereby, the Respondent Police is directed to secure the accused at the earliest.

¶16

With the above directions, these Criminal Original Petitions stand

dismissed.

29.04.2024

ham

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

¶21

T.V.THAMILSELVI,J.

¶22

ham

¶23

Crl.O.P.Nos.1166 & 1954 of 2024

¶24

29.04.2024

¶25

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

G.Nandhanamangai v. State Rep by Its

Case brief

What is this about?

What the court decided

G.Nandhanamangai v. State Rep by Its

Case brief

What is this about?

What the court decided

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