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Madras High CourtCRL OP/16157/2023granted

K.N.Hariharansudhan v. The State Rep By

2024-07-29Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

Today the matter is listed under the caption "for reporting compliance".

2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that, as per the direction of this Court dated 02.07.2024, the petitioner has paid a balance sum of Rs.20,00,000/- (Rupees Twenty lakhs only) through three Demand Drafts (DD) to the de facto complainant:

i) Demand Draft No.067114, IDFC First Bank, in favour of U.Karthik, Amount Rs.10,00,000/- (Rupees Ten Lakh only). ii) Demand Draft No.067115, IDFC First Bank, in favour of S.Sanjith Kumar, Amount Rs.5,00,000/- (Rupees Five Lakh only). iii). Demand Draft No.067116, IDFC First Bank, in favour of V.P.Premkumar, Amount Rs.5,00,000/- (Rupees Five Lakh only).

3. These demand drafts were received by the de facto complainant.

4. The learned counsel for the intervenor submitted that they have received the demand drafts as per the order of this Court 02.07.2024.

5.The learned Government Advocate (Crl. Side) submitted that the petitioner complied with the entire condition as per the order of this Court dated 02.07.2024.

6. Considering the payment made by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Poonamalle, 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 as and when required for interrogation;

[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 has been imposed and the petitioner is 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]; and;

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

T.V.THAMILSELVI, J.

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8. Now that the entire amount has been settled by the petitioner and the same has been accepted by the de facto complainant, the learned counsel for the petitioner seeks to cancel the entire proceedings against the petitioner based on the settlement.

9. By way of reply, the learned counsel for the intervenor admitted that they have no objection to quashing the proceedings against the petitioner and are ready to cooperate for the quash proceedings.

10. In light of this, the petitioner is directed to file the quash petition to quash the proceedings against him. 29.07.2024 rri