M.A.Salim v. The Asst.Commissioner Police-Team Iii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14207 of 2020 M.A.Salim ... Petitioner Vs.
1.The Asst. Commissioner Police - Team III, Central Crime Branch, Vepery, Chennai.
2.The Inspector of Police - Team III, Central Crime Branch, Vepery, Chennai.
... Respondents Prayer:
Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime No.298 of 2019 on the file of the Inspector of Police, Central Crime Branch, Team III, Vepery, Chennai. For Petitioner : Mr.S.Suresh For Respondents : Mr.C.E.Pratap for P.P.
For Intervenors : M/s.M.Sathish M/s.M.Shreedhar M/s.V.Sasirekha M/s.B.Mahendra Naidu
O R D E R
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 420 of IPC in Cr.No.298 of 2019 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is a builder and he collected money from various persons promising to construct building, however, he did not complete the construction as promised.
3.The learned counsel appearing for the petitioner submitted that this Court on 20.11.2020 granted interim order that there shall not be any coercive action against the petitioner by the respondent police and referred the matter for Mediation. In the mediation, there was amicable settlement and the respective defacto complainants entered into memorandum of understanding with the petitioner, as per which the petitioner, will settle the amount due to the respective defacto complainants on the agreed dates, which are as follows: Sl.
No.
Name of the defacto complainant Amount received Rs.(in Lakhs) Date for settlement C.Muthu Karuppasamy 09.11.2021 A.Mohamed Azharudeen Construction S.Sridevi 18.30 23.10.2021 N.B.Prasad 20.45 30.07.2021 K.A.Karthikeyan 8.25 05.08.2021 S.Sukumar 30.07.2021 K.Murugappan 5.25 23.10.2021 A.Aravindakumar 23.10.2021 K.A.Balaji 10.25 05.08.2021 M.Sagadevan 23.10.2021 P.Nirmala 3 months A.Thandavamoorthy 5.25 30.07.2021 K.M.Ravichandran 7.99 05.08.2021 E.Karpagavalli 5.25 23.10.2021 S.Prabha 16.15 05.08.2021 K.Balasubramanian 26.65 05.08.2021 S.M.Hema Kumar 05.08.2021 4.
The learned counsel appearing for the petitioner further submitted that the petitioner undertakes that he will repay the amount due to the respective defacto complainants, within the due dates, as per the memorandum of understanding and further submitted that if there is any default in making the payment, the anticipatory bail if granted by this Court may be cancelled. 5.The learned counsel appearing for the intervenors requested this Court to issue direction to the petitioner to settle the amount as assured by the petitioner in the memorandum of understanding and raise no serious objection for grant of anticipatory bail to the petitioner.
6.Heard the submissions made by the learned Government Advocate.
7.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 8.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 a copy of this order, before the learned CCB/CBCID Metropolitan Magistrate, Egmore, 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 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 Court concerned 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 daily at 10.30 a.m. until further orders;
(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 absconds, a fresh FIR can be registered under Section 229-A IPC; and
(g)The petitioner shall settle the amount to the respective defacto complainants, as assured by him in the memorandum of understanding entered into between him and the respective defacto complainants during mediation, failing which, the anticipatory bail granted today (08.07.2021) shall stand cancelled automatically, without any further reference to this Court.
-sd/- 08/07/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE CCB/CBID METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE ASST.COMMISSIONER POLICE -TEAM III, CENTRAL CRIME BRANCH,VEPERY,CHENNAI.
4 THE INSPECTOR OF POLICE TREAM-III, CENTRAL CRIME BRANCH,VEPERY,CHENNAI. 5 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. COPY TO:
THE ASSISTANT REGISTRAR, TAMILNADU MEDIATION AND CONCILATION CENTRE,HIGH COURT, MADRAS. +4 CC to M/S M.SATHISH Advocate on payment of necessary charges Sr.7192 +1 CC to M/S S.SURESH Advocate on payment of necessary charges Sr.7217 +2 CC to M/S V.SASIREKHA Advocate on payment of necessary charges Sr.7232 +1 CC to M/S B.MAHENDRANAIDU Advocate on payment of necessary charges Sr.7208 CRL OP.14207/2020 Date :08/07/2021 RVR 15/07/2021