Pandiselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.17116 of 2013 PANDISELVI ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKKOTTAI.

CR. NO. 43 OF 2013. ... RESPONDENT/COMPLAINANT CHINNA DURAI NADAR ... INTERVENOR For Petitioner : M/S.A.ARUN PRASAD Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.D.SADIQ RAJA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 120 (b) and 506(i) of Indian Penal Code in Crime No.43 of 2013 on the file of the respondent police, seeks anticipatory bail.

2. Initially, the matter was referred to the Mediation and Conciliation Centre, attached to this Bench and the Mediation and Conciliation Centre, has sent a report dated 23.01.2015, in which, it is stated that the parties are amicably settled the dispute. The settlement agreement signed by the petitioner and the defacto complainant before the Mediators has been sent to this Court.

3. The respondent police is present. The learned Government Advocate (Criminal side), on instructions from the respondent, submits that this case in Crime No.43 of 2013 has been transferred from the file of the District Crime Branch, Pudukkottai to Central Crime Branch, Chennai. The same is recorded.

4. In view of the settlement arrived at between the parties, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Pudukkottai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten 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 and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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].

sd/- 13/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI DISTRICT.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKKOTTAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ARUN PRASAD Advocate SR.No. 6878 SR : 17.02.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.17116 of 2013 Date :13/02/2015 https://hcservices.ecourts.gov.in/hcservices/