Jayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.MP(MD) No.7081 of 2024 1.Jayakumar, 2.Archunan, ... Petitioners/Accused No. 1 & 2 Vs The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

(Crime No.27/2024).

... Respondent/Complainant For Petitioner : Mr. C.Muthusaravanan, Advocate.

For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side) For Intervenor : Mr.Karunanidhi, Advocate For Mediator : Mrs.Moushica, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.27/2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 409, 420, 467, 468, 471 of IPC in Crime No.27 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners cheated the defacto complainant to the tune of Rs.56,00,000/- by creating forged documents. 3.Considering the nature of allegations, this Court has dismissed the earlier application filed by the petitioners. A representation has been made on behalf of the petitioners that the petitioners are prepared to settle the issue with the defacto complainant. Considering the request made by the petitioners' counsel, this Court, by order dated 05.07.2024 has referred the matter for mediation and appointed Mrs.V.Moushica, Advocate as a Mediator in this matter. 4.Today(26.07.2024), when this application is taken up for hearing, it is reported that on the best efforts taken by the Mediator, the parties have resolved their issue. An affidavit has also been filed to that effect. 2/5

5.The learned counsel for the defacto complainant submits that a major amount is yet to be paid by the petitioners.

6.In reply, the learned counsel for the petitioners submits that a part amount has been settled to the defacto complainant and the balance amount would be paid as per the terms arrived between the parties, i.e on or before 19.10.2024. 7.In view of the settlement arrived between the parties, this Court is inclined to grant anticipatory bail to the petitioners. The agreement entered between the parties shall form and part and parcel of this order. 8.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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi and on further conditions that: i. The petitioners and the sureties shall submit a copy of their Aadhaar 3/5

Card or any other identity card issued by the Government in proof of their residence address;

ii. The petitioners shall appear before the respondent police daily as and when requried. They have to co-operate for the investigation. iii. The parties shall file the agreement entered between the parties before the concerned Magistrate Court.

iv. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. v. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

Consequently, connected Miscellaneous Petition is closed. sd/- 26/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE CHATRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9619 of 2024 and Crl.MP(MD) No.7081 of 2024 Date :26/07/2024 SS/JGB/SAR- /06/08/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5