Sridevi v. State Rep By The Inspector Of Police (Law And Order),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.4422 of 2025 M. Sridevi W/o. Late Murugan ....Petitioner/Accused Vs The State Rep. by The Inspector of Police (Law & Order) T-12, Poonamallee Police Station, Poonamallee, Chennai 600 056 Crime No.142 of 2025 ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest by the respondent police in Crime No.142 of 2025 on the file of the respondent police.

For Petitioner : Mr. S. Samiraja For Intervener : M/s. C. Umashankar For Respondent : Mr. S.Balaji Government Advocate (Crl. Side) 1/7

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC, in Crime No.142 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that the petitioner is a tenant under the de facto complainant and that the petitioner had not paid the lease amount to the de facto complainant as promised. Hence, the case.

3. The parties were referred to Mediation and it is now reported by the learned counsels appearing for the petitioner and the de facto complainant that a settlement agreement was entered into between the parties on 10.03.2025 in the presence of the mediator and same is produced before this Court. The relevant terms read as follows: "6. The following settlement has been arrived at between the parties hereto:

A. The petitioner in Crl.O.P. 4422/2025 Mrs. Sridevi (Tenant), 2/7

hereby agrees to hand over vacant possession of the Entire premises morefully described in the schedule hereunder at "Amravan Villa" Door No.580-A, Plot No.73, 74, Murugan Kovil 6th Street, Senthurpuram Extension, Kattupakkam, Chennai, Tiruvallur. To the Intervener Mrs. Priya Eswaran (Landlord), upon receipt of Rs.1,00,000/- (Rupees one Lakh only) by way of Demand Draft No.579154 dated 10.03.2025 drawn at Canara Bank, Pallavaram Branch.

B. The petitioner Mrs. Sridevi agreed to withdraw O.S. No.38/2025 on the file of the Principal District Munsif at Poonamallee unconditionally and sign a memo to that effect. C. The Intervener Mrs. Priya Eswaran hereby agrees to withdraw the complaint filed against Mrs. Sridevi which has culminated into Crime No.142/2025 upon the petitioner handing over the vacant possession of the demised portion at "Amravan Villa" Door No.580-A, Plot No.73, 74, Murugan Kovil 6th Street, Senthurpuram Extension, Kattupakkam, Chennai, Tiruvallur. The parties agree to bear their own 3/7

costs."

The said Settlement Agreement entered into on 10.03.2025 between the petitioner and the de facto complainant before the Mediation and Conciliation Centre, High Court, Madras, is taken on record.

4. In view of the above, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, anticipatory bail is granted to the petitioner with certain conditions.

5.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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:

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[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 report before the respondent police as and when required.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 5/7

27.03.2025 bga To

1. The Judicial Magistrate-I, Poonamallee 2.The Inspector of Police (Law & Order) T-12, Poonamallee Police Station, Poonamallee, Chennai 600 056

3. The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

bga Crl.O.P. No.4422 of 2025 27.03.2025 (1/2) 7/7