Saravanan v. State Rep.By

Crl.OP.No.3197 of 2023 T.V.THAMILSELVI,J.

Today, this matter is listed under the caption 'for reporting compliance'.

2. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that as per the directions of this Court vide order dated 13.02.2021, the parties appeared before the Mediation Centre, Salem and the matter was amicably settled between the parties and to that effect, mediation report also produced before this court. He would further submit that as per the mediation settlement, now the husband and wife have re-unioned and living together.

3. The said mediation report is recorded and the same shall be the part and parcel of the order.

4. Taking into consideration the facts and the submissions made by the learned counsel for the petitioner and also taking note of the fact that the mediation talks were amicably settled between the parties and now they are living together. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

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5. Accordingly, the petitioner is directed to be released on bail 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 Additional Mahila Court, Salem and District on condition that the petitioner shall 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, 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the respondent police as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial; 2/4

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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T.V.THAMILSELVI, J.

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