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Madras High CourtCRL OP/3621/2023granted

Raayar v. Inspector Of Police

2023-03-02Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.OP.No.3621 of 2023 T.V.THAMILSELVI,J.

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

2. On on earlier occasion, this Court vide order dated 16.02.2023 directed the parties to appear before the Mediation and Conciliation Centre, Villupuram on 22.02.2023. Once again, both the parties are willing to go for mediation to settle the dispute amicably and the learned counsel prays to grant anticipatory bail to the petitioners.

3. Heard the learned Government Advocate ( Crl.Side) for the respondent police.

4. Taking into consideration the facts and the submissions made by the learned counsel for the petitioners and also taking note of the fact that the parties are willing to resolve the dispute amicably through mediation. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of 1/4

fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirukoilur, Kallakurichi and District on condition that each of the petitioners shall execute separate bonds 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, 2/4

the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

6. The parties are directed to go for another five sittings before the Mediation and Conciliation Centre, Villupuram as fixed by the Mediation Centre.

7. With the above directions, this Criminal Original Petition is ordered.

02.03.2023 Vv T.V.THAMILSELVI, J.

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