Allowed

Muthukumaran Sankarlal v. State Rep. by

Madras HC9 Sept 2024CRL OP/15963/2024

Case brief

AI extract

What is this about?

This High Court criminal miscellaneous petition granted anticipatory bail to the petitioner facing charges of cheating and forgery. The court imposed standard conditions including surrender, reporting, and non-interference.

What did the court decide?

Anticipatory bail granted with conditions to surrender within 15 days, execute a bond of Rs. 10,000 with two sureties, report every Saturday, and not abscond or tamper with witnesses.

Muthukumaran Sankarlal Vs State Rep. by — Cheating and Forgery | Madras HC (2024)

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Crl.O.P.No.15963 of 2024

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Crl.O.P.No.15963 of 2024

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P.DHANABAL, J.

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The petitioner apprehends arrest for the alleged offences under Section 406, 420, 467 & 468 of IPC, in Crime No.139 of 2024, on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that the petitioner by giving fake

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particulars of the deceased Kannadasan before the RTO office, Vellore District, transferred the vehicle name bearing Registration No. TN-23-DB-

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4968 belongs to the deceased Kannadasan and cheated to the tune of Rs. 20,00,000/-. Hence, the complaint.

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The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

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

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Crl.O.P.No.15963 of 2024

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The learned Government Advocate (Criminal Side) appearing

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for the respondent police submitted that the petitioner by giving fake particulars of the deceased Kannadasan before the RTO office, Vellore District transferred the vehicle name bearing Registration No. TN-23-DB4968 belongs to the deceased Kannadasan and cheated to the tune of Rs.20,00,000/- and he further submitted that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

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Considering the representations made by both sides and considering the nature of offences charged against the petitioner and considering that already this Court directed the parties to produce the original RC Book to the credit of Crime No. 139 of 2024 and the said condition also complied by the petitioner and that there is no previous case pending against the petitioner, 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

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in the event of arrest or on his/her appearance, within a period of fifteen

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(15) days from the date of receipt of a copy of this order before the 2/5

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

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Crl.O.P.No.15963 of 2024

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Judicial Magistrate-V, Vellore on condition that the petitioner shall

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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 and on further condition that:

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[a] the petitioner shall report before the respondent police on every Saturday, for a period of four weeks.

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[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

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[c] the petitioner shall not leave India without the previous permission of the Court.

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

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[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required.

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

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Crl.O.P.No.15963 of 2024

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[f] 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].

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[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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09.09.2024

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nsl

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Crl.O.P.No.15963 of 2024

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P.DHANABAL, J.

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nsl

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Crl.O.P.No.15963 of 2024

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09.09.2024

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

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Muthukumaran Sankarlal v. State Rep. by

Case brief

What is this about?

What did the court decide?

Muthukumaran Sankarlal v. State Rep. by

Case brief

What is this about?

What did the court decide?

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