Manoharan v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 465,467,468,471,120(B) of I.P.C in Crime No.11 of 2023, seek anticipatory bail.

2. It is stated that all the petitioners are relatives and the defacto complainant is also a relative. It is stated that the defacto complainant is the daughter of the sister of the first petitioner. The second petitioner, is the wife of the first petitioner. Petitioners 3 to 6 are sons and daughters of the first and second petitioners. There was a property dispute in the family.

3.The matter was referred to Tamil Nadu Mediation and Concilation Center, High Court, Madras on 18.12.2023 wherein, a settlement agreement had been entered into between the parties and the details had been enclosed and forwarded to this Court. In the said agreement there are certain conditions to be satisfied by each one of the parties.

4. Considering the agreement entered into between the parties and the petitioners herein had extended their bona fide by agreeing to the terms and conditions of the agreement, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

4. Accordingly, the petitioners are ordered 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 Land Grabbing Special Court- 1, Periyamet, Chennai on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] Petitioners 4 to 6 shall appear before the respondent police daily at 10.30 a.m until further orders or till the terms of the settlement are completed by the petitioners. The first and second petitioners may apppear before the respondent police as and when required for interrogation. Petitioners 3 to 5 may appear before the Respondent police weekly once for the period of three weeks and thereafter 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, 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 absconds, a fresh FIR can be registered under Section 229A IPC.

05.01.2024 smn C.V.KARTHIKEYAN, J.

smn 05.01.2024