P.Arun v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02-07-2015 Coram THE HONOURABLE MR. JUSTICE B.RAJENDRAN Criminal Original Petition No. 3198 of 2015

1. P. Arun

2. Salammal .. Petitioners

Versus

State by it's The Inspector of Police All Women Police Station Thiruttani Thiruvallur District .. Respondent Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure praying to grant Anticipatory Bail to the petitioners in the event of their arrest in Crime No. 1 of 2015 pending on the file of the respondent. For Petitioners :

Mr. D. Dayalan For Respondent :

Mr. Arul Government Advocate (Crl.side)

ORDER

This Criminal Original Petition was disposed of by this Court on 04.06.2015 by recording the agreement entered into between the parties before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. However, the order dated 04.06.2015 has not been signed for want of clarification in this matter. Accordingly, this Criminal Original Petition is posted today under the caption "For being mentioned".

2.

Earlier, this Criminal Original Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

3.

A communication dated 02.06.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 29.04.2015 has been received, wherein it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence, the matter is sent back to the Hon'ble Court."

4.

As the parties have arrived at a settlement in terms of the agreement entered into between them, this Criminal Original Petition is listed for passing an order in terms of the settlement.

5.

The Memorandum of Compromise dated 29.04.2015 has been entered into between the petitioners and the defacto complainant. The memorandum of compromise has been duly signed by the parties in the presence of witnesses which reads as follows:- ''First Petitioner/P. Arun and defacto complainant/Sangeetha agreed for the medical test.

6.

Having regard to the fact that the first petitioner as well as the defacto complainant has agreed for a medical test, this Court is inclined to record such compromise arrived at between the parties. However, the grant of anticipatory bail in favour of the petitioners will be subject to the outcome of the medical test. Accordingly, while recording the settlement arrived at between the parties which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its Report dated 29.04.2015, Office is directed to post this Criminal Original Petition before the appropriate Court for

hearing the Anticipatory Bail Petition of the petitioners.. The Mediation Agreement and the report of the Mediation Centre shall form part of this order. 02-07-2015 rsh/ga

B. RAJENDRAN, J rsh Crl.OP No. 3198 of 2015 02-07-2015