Hammaad Nasurulla v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Hammaad Nasurulla
2. Kar Noorulameen
3. Irshad Ahamed ... Petitioners/Accused No.1 to 3 Vs
1. The State Rep. By, The Inspector of Police, City Crime Branch Police Station, Trichy City.
(Crime No. 8 of 2021).
... Respondent/Dejure Complainant (*)2.C.Jeyabalan ... 2nd Respondent (*)R2 Suo Motu impleaded as per order of this court dated 01.04.2022 in Crl.OP.(MD).
No.5925 of 2022 by KMSJ) For Petitioner : M/s.Alagumani.R., Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) For Intervener : Mr.P.Mahendran Advocate.
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 8 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(1) of IPC, 1860, in Crime No.8 of 2021 on the file of the respondent police, seek anticipatory bail.
2. Since it is a money dispute between the parties, this Court has referred the matter to mediation on 20.07.2022. 1/3
3.The learned counsel on either sides would submit that during the course of mediation, the matter was compromised between the parties on the basis of the following terms of agreement. "1) The petitioner has agreed to repay the amount to the Respondent/Defacto complainant's A/c.No.62722050000217, Canara Bank, IFSC Code NO.CNRB0016272, Karaikudi Branch on the following date:- 22.09.2022 - Rs.5 lakhs 31.01.2023 - Rs 15 lakhs 31.03.2023 - Rs.15 lakhs 31.05.2023 - Rs.15 lakhs 31.07.2023 - Rs.15 lakhs without fail.
2)If the petitioner fail to make any instalment on time, the defacto complainant is at liberty to file cancellation of bail.
3)After making full payment as stated above by the petitioners to the respondent, the petitioners are at liberty to file compromise quash petition before this Court and the defacto complainant agreed for the same". 4.In view of the compromise reached between the parties on the basis of the above said terms of agreement, this Court is inclined to grant anticipatory bail to the petitioners. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Tiruchirapalli, 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 learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 24/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE NO.II, TIRUCHIRAPALLI.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, CITY CRIME BRANCH POLICE STATION, TRICHY CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.MAHENDRAN, Advocate SR.No.40207(F).
ORDER
IN CRL OP(MD) No.5925 of 2022 Date :24/08/2022 DSS USK/VR/SAR-I/05.09.2022/3P/6C 3/3