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Madras High CourtCRL MP/18345/2024modified

Haroon Rasheed v. The State Rep By

2025-01-10Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.18345 of 2024 in Crl.O.P.No.28728 of 2024 Haroon Rasheed ... Petitioner Vs.

The State represented by, The Inspector of Police, AWPS - Dharmapuri, Dharmapuri District.

(Crime No.38 of 2024).

... Respondent For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The present petition has been filed seeking to relax a condition imposed on the petitioner in the order of this Court dated 18.11.2024 in Crl.O.P.No.28728 of 2024, to the effect that the petitioner shall report before the respondent Police within a period of four weeks from today, thereafter, everyday at 6.30 p.m., for a period of two weeks and thereafter, every Saturday at 6.30 p.m., until further 1/5

orders, if not, the order of Anticipatory bail, shall automatically stands cancelled. 2.Learned counsel appearing for the petitioner would submit that the petitioner was granted Anticipatory Bail for the offence under Section 498(A) IPC in Crl.OP.No.28728 of 2024. Further, while granting anticipatory bail, this Court directed the petitioner to appear before the respondent everyday at 6.30 p.m., for a period of two weeks and thereafter, every Saturday at 6.30 p.m., until further orders. He would further submit that the petitioner is employed in Sweden and due to the condition imposed by this Court, he is unable to get back to his work thereby, his job is at risk. Further, he would also submit that this Court has referred this matter to mediation and the settlement talks have also been initiated and the petitioner is ready to co-operate for investigation and he seeks to modify the condition imposed on him.

3.Almost regular compliance of the condition has been conceded by the learned Government Advocate (Criminal Side).

4.Learned counsel appearing for the intervener submitted that the petitioner is the husband of the defacto complainant. The defacto complainant filed 2/5

M.C.No.543 of 2024 seeking maintenance. He would further submit that if the petitioner is allowed to travel out of the country he may not be available to appear before the Court and objected for modification of the condition. 5.In reply, the learned counsel appearing for the petitioner would submit that the family members of the petitioner taking steps to settle the issue between the parties and the petitioner will co-operate for re-union and in the event there is no chance for re-union, he is also willing to settle lumpsum amount. Further, if the petitioner does not appear or co-operate for investigation, the bail may be cancelled.

6.Considering the said submission, the condition imposed as against the petitioner is totally relaxed. However, the petitioner is directed to furnish his address at Sweden, his email ID and Phone number to the respondent Police. The mediation shall continue through video conference. 7.The Criminal Miscellaneous Petition stands ordered accordingly. 10.01.2025 3/5

rst A.D.JAGADISH CHANDIRA., J.

rst Crl.M.P.No.18345 of 2024 in Crl.O.P.No.28728 of 2024 4/5

10.01.2025 5/5