D.Kandasamy v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest for the alleged offences under Sections 420, 465, 468, 471 of IPC in Crime No.617 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally grabbed the defacto complainant's land by making fake lease agreement. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners have paid a sum of Rs.15,00,000/- through demand draft. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) submits that this matter has been settled between the parties through Mediation Centre. 5.Learned counsels on either side appeared before this Court and submitted that the matter has been settled between the parties and the

petitioner had paid a sum or Rs.15,00,000/- to the defacto complainant through Demand Draft.

6. Considering the fact that the matter was settled between the parties. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Ambattur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation;

(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 petitioners released on anticipatory 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.

02.03.2023 dk To The Judicial Magistrate, Ambattur.

T.V.THAMILSELVI, J.

dk

02.03.2023