Anticipatory bail sought by an accused in a cheating case involving lease of stolen JCB vehicles. The court granted bail subject to conditions including execution of a bond with two sureties, deposit of Rs.3,00,000 for the defacto complainant, and daily reporting to police.
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Crl.OP.No.976 of 2024
Crl.O.P.No.976 of 2024
C.V.KARTHIKEYAN,J.
The petitioner/A3 in Cr.No.52 of 2022 registered by the respondent police for the offence punishable under Sections 406, 420 and 120B of IPC with respect to an occurrence which happened between 15.07.2021 and 15.10.2021 and FIR was registered on 20.07.2022 seeks anticipatory bail.
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that a substantial sum of Rs.25,00,000/- had been cheated by giving on
lease stolen JCBs. It is stated that the Intervenor did not know that the JCBs' were stolen.
the account of this petitioner a sum of Rs.4,90,000/- had been directly transferred.
inclined to grant anticipatory bail to the petitioners subject to the following conditions:
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-I, Tiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)
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with two sureties, 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:
[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.
[b] the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) to the credit of Cr.No.52 of 2022 within a period of two weeks and on such deposit, the learned Judicial Magistrate-I, Tiruvallur may hand it over to the defacto complainant on proper undertaking, identification and acknowledgement.
[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or
trial.
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implied to have accept admitted to the offence. It is also made clear that the defacto complainant is at liberty to claim further damages/compensation in the manner known to law and if any amount is so paid, this amount of Rs.3,00,000/- can be adjusted.
ordered.
23.02.2024
Vv
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C.V.KARTHIKEYAN,J.
Vv
Crl.O.P.No.976 of 2024
23.02.2024
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of cheating by leasing stolen JCB vehicles.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaRelied on
[(2005)AIR SCW 5560] · Who else cites this
2 provisions across 1 enactments
Petitioner/A3 in Cr.No.52 of 2022
Respondent police
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.V.Karthikeyan
Parties & counsel
