V.S.Thamilan v. The State Represented By

Crl.O.P.No.1845 of 2023 Crl.O.P.No.1845 of 2023 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 406, 420, 294(b), 506(1) and 120B of IPC, in Crime No.5 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. This court, vide order dated 02.02.2023, while granting interim anticipatory bail to the petitioner, imposed a condition to deposit a sum of Rs.15,00,000/- in Crime No.5 of 2021 within a period of one week and posted the matter today for reporting compliance of the same. 3.Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the earlier order passed by this Court on 02.02.2023 has been complied with. Hence, this Court may permit the defacto complainant to withdraw the said amount before the concerned trial Court.

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Crl.O.P.No.1845 of 2023 T.V.THAMILSELVI, J.

rap 4.The learned counsel for the defacto complainant also ratifies the same and he seeks permission of this Court to withdraw the amount deposited in the Crime No.5 of 2021, by filing an undertaking affidavit and the same can be considered at the time of disposal of the arbitration proceedings.

5. Considering the transaction between the parties without prejudice to the claim of the petitioner as well as the arbitration proceedings, the defacto complainant is permitted to withdraw the said amount by filing an undertaking affidavit before the concerned trial Court. However, the withdrawal of the amount is subject to the arbitration proceedings.

6. Accordingly the interim anticipatory bail granted by this Court vide order dated 02.02.2023 is made absolute. 27.02.2023 rap Crl.O.P.No.1845 of 2023 Page No.2/2 https://www.mhc.tn.gov.in/judis