Karthick v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.4 of 2023 registered by the respondent Police for the offences punishable under Section 498 A of IPC, on a complaint given by his own wife.

2. Let me not enter into a detailed discussion about the facts since my learned predecessor had referred the parties to mediation and settlement had been reached on 16.11.2023. A report had been forwarded by the Mediation and Conciliation Centre attached to the High Court, Madras, enclosing the original settlement agreement.

3. To the advantage of the petitioner herein, it is also one of the terms, that the defacto complainant will not object for grant of anticipatory bail. It is stated that the defacto complainant and the petitioner had also reunited.

5. In view of all these facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the 1/4

petitioner 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 made ready, before the learned IX Metropolitan Magistrate, Saidapet, Chennai 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[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 everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. At the time of appearance, a copy of the settlement reached between the parties before the mediation may be handed over to the respondent to take an appropriate decision.

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[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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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