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Madras High CourtCRL OP/23526/2022granted

V.P.N. Kamaraj v. State Rep By

2023-08-03Honourable Mr Justice G. Chandrasekharan4 pages

and Crl.M.P.No.15284 of 2022 G.CHANDRASEKHARAN.

J.

The petitioners who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 420, 294 (b) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.30 of 2022, on the file of the respondent police, seek anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that with the consent of the parties, this matter has been referred to mediation for amicable settlement. Accordingly, mediation was held and mediation report in Mediation File No.798/2022, dated 06.03.2023, was received along with the settlement agreement. 3.It is informed by Mr.C.Abiman Raghunathan, learned counsel for the intervenor that as per the settlement agreement, petitioners paid the amount and complied with the other conditions also.

4.In the said circumstances, this Court is of the view that custodial interrogation of the petitioners is not necessary and this Court is inclined to grant anticipatory bail to the petitioners and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Villupuram, on condition that petitioners shall execute separate bond for a sum of Rs.

25,000/- (Rupees Twenty Five 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 petitioners 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 petitioners shall report before the respondent police as and when required by the respondent police for the interrogation until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners 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 229A IPC. 5.Accordingly, this Criminal Original Petition is ordered. Consequently, connected miscellaneous petition is closed. 03.08.2023 sli

G.CHANDRASEKHARAN.

J.

sli 03.08.2023