Veeraragavan, Aged About v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.28700 of 2014 1 VEERARAGAVAN [ PETITIONERS / ACCUSED ] 2 PURUSHOTHAMAN 3 CHANDRA Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANCHEEPURAM.

CRIME NO.15 OF 2014 C.K.BRINDA [ PETITIONER / DEFACTO COMPLAINANT ] [ORDERED AS PER ORDER OF THIS COURT DATED 18/11/2014 MADE IN CRL.MP.1/2014 IN CRL.O.P.NO.28700/2014 ] For Petitioners : M/S.M.SHAHJAHAN Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Section 498(A), 294(b), 420 of IPC and Section 4 of Dowry Prohibition Act in Crime No.15 of 2014 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainantis that she got married to the 1st petitioner on 12.03.2012 and they have a girl child through the wed lock. It is alleged that the 1st petitioner is suffering from "Neurofibromatosis", which is supposed to be the genetic disease inherited by his mother. This is the crux of the complaint given by the de-facto complainant.

3. The learned counsel for the petitioners submitted that this Court by order dated 18.11.2014 granted interim bail to the petitioners on certain conditions. Thereafter, as directed by this Court, the matter was referred to the Mediation and Conciliation Centre for amicable settlement. The Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its Mediation Case No.1051 of 2014 dated 11.12.2014 had reported "Both parties appeared before the centre along with their counsels. Parties are unable to arrive at an amicable settlement". Hence the matter is sent back to the this Court.

4. In view of the above submission, the interim bail granted to the petitioners in Crl.OP.No.28700 of 2014 dated 18.11.2014 is made absolute on the following conditions;

[a] the petitioners shall report before the respondent police as and when required for interrogation.

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

-sd/- 28/06/2022 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 JUDICIAL MAGISTRATE, NO.I, KANCHEEPURAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANCHEEPURAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE ASSISTANT REGISTRAR, TAMILNADU MEDIATION AND CONCILIATION CENTRE, HIGH COURT, MADRAS CC to M/S.M.SHAHJAHAN Advocate on payment of necessary charges CRL OP.28700/2014 Date :28/06/2022 JPA 06/07/2022