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Madras High CourtCRL OP/9378/2025granted

Tikkaram v. The State Represented By The Inspector Of Police

2025-04-28Honourable Mr Justice Sunder Mohan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN I.Tikkaram

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, All Women Police Station, Poonamallee.

(Crime No.4 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in Crime No.4 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.Sasindran K For Respondent :

Mr.S.Balaji Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.4 of 2025 registered for the offence under Section 498 - A of IPC.

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2. The learned counsel for the petitioner would submit that the parties have arrived at a settlement before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras and has also filed a Joint Memo of Compromise dated 21.04.2025 and the same has been signed by both the petitioner and the defacto complainant. The scanned copy of the said memo reads as follows:

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3.The learned Government Advocate (Crl. Side) appearing for the respondent police confirmed the fact that the settlement has been arrived at between the parties before the Mediation Centre.

4. Considering the aforesaid facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of copy of this order, before the Judicial Magistrate - I, Poonamallee, 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 said Magistrate, on further condition that:

[a] 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; Page No.7 of 8

SUNDER MOHAN, J.

[b] the petitioner shall report before the respondent Police, as and when required.

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 269 B.N.S.

28.04.2025 rkp Copy to:

1.The Inspector of Police, All Women Police Station, Poonamallee.

2.The Judicial Magistrate - I, Poonamallee 3.The Public Prosecutor, High Court, Madras. Page No.8 of 8