M.S.Senguttuvan v. Venkatesan @ Venkatasubramaniam

Crl.M.P.No. 19813 of 2023 IN Crl.O.P.No.14445 of 2023 C.V.KARTHIKEYAN, J.

The petitioner seeks cancellation of anticipatory bail granted to the respondent in Crl.O.P.No. 14445 of 2023 by an order dated 20.11.2023.

2. It is the case of the prosecution that the accused had acted as a travel agent and held out that tickets can be booked for Singapore. The defacto complainant wanted 22 ticket to be booked and had handed over a sum of Rs.3,41,000/- but however, only three tickets were purchased though 22 tickets were sought. It was under those circumstances that the complaint had been lodged and First Information Report had been registered.

3. An application had been filed in Crl.O.P.No. 14445 of 2023 seeking anticipatory bail. While granting anticipatory bail, it had also been directed that the petitioners therein should deposit a sum of Rs.1,00,000/- jointly to the Cr.No. 139 of 2023 pending on the file of V Metropolitan Magistrate, Egmore, Chennai. It is now stated that the said condition had been complied with.

4. The investigation has not yet been completed since one more accused will have to be secured. The accused had issued two cheques totally a sum of Rs.3,00,000/- which the defacto complainant had presented for payment. They were returned dishonoured. The defacto complainant had not initiated any action under Section 138 of the Negotiable Instruments Act.

5. In view of particular fact, instead of cancelling bail, the condition is revisited and it is directed that the V Metropolitan Magistrate, Egmore, Chennai, may handover the said sum of Rs.1,00,000/- deposited by the petitioners in Crl.O.P.No. 14445 of 2023

to the defacto complainant on application being made for return of the amount on proper identification and acknowledgment. This order is passed in the presence of the counsel for the petitioner in Crl.O.P.No. 14445 of 2023.

6. In view of that particular direction given, this Petition stands dismissed.

13.03.2024 vsg

C.V.KARTHIKEYAN , J.

vsg Crl.M.P.No. 19813 of 2023 IN Crl.O.P.No.14445 of 2023 13.03.2024