Moorthy v. State Rep.By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6934 of 2025 1.Moorthy 2.K.Revathy .. Petitioners Vs.
The State rep by The Inspector of Police, Central Crime Branch, Avadi, Avadi Commissionarate.
(Crime No.36 of 2025) .. Respondent D.Karthick .. Defacto complainant/Intervenor [Permitted to intervene vide order of this Court [SMJ] dated 15.04.2025 made in Crl.M.P.No.5041 of 2025 in Crl.O.P.No.6934 of 2025] PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.36 of 2025 on the file of the respondent Police. For Petitioners : M/s.T.Muruganantham For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) For Intervenor : Mr.A.E.Ravichandran Page No.1 of 5
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 61, 336(2), 336(3), 338, 340(2), 318(4) of BNS and in Crime No.36 of 2025, seek anticipatory bail. 2.
Earlier, when the matter was listed before this Court, it was referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras for settlement between the parties.
3.
The learned counsel for the petitioners and the defacto complainant submitted that the parties have now arrived at a settlement and have entered into a settlement agreement dated 07.04.2025. The said settlement agreement is taken on record.
4.
In view of the above, this Court is of the view that the custodial interrogation of the petitioners is not required for the purpose of investigation and is inclined to grant anticipatory bail to the petitioners. Page No.2 of 5
5.
Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Ambattur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[c] the petitioners shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered Page No.3 of 5
under Section 269 BNS.
15.04.2025 (2/2) Index : Yes / No Internet : Yes / No dpa To 1.The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.
2.The Judicial Magistrate Court, Ambattur.
3.The Public Prosecutor, Madras High Court, Chennai.
Page No.4 of 5
SUNDER MOHAN , J.
dpa Crl.O.P.No.6934 of 2025 15.04.2025 (2/2) Page No.5 of 5