Allowed

C.Nazema Begum v. State Rep by

Madras HC20 Feb 2023CRL OP/1720/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioners in a matrimonial dispute after confirming a settlement and compromise agreement. Bail was subject to specific conditions including execution of a bond, appearance before police, and adherence to the terms of the mediation agreement.

What did the court decide?

Anticipatory bail granted subject to execution of bond, sureties, reporting, and compliance with mediation agreement terms.

C.Nazema Begum Vs State Rep by — Matrimonial and Divorce | Madras HC (2023)

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Crl.O.P.Nos.1720 & 2360 of 2023

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Crl.O.P.Nos.1720 & 2360 of 2023

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T.V.THAMILSELVI, J.

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The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498A, 323, 294(B), 406, 506(i) and 109 IPC, in Crime No.14 of 2022 seek anticipatory bail.

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This Court passed the following order on 27.01.2023:-

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"4. The matter relates to matrimonial dispute with regard to A1 and the defacto complainant. In view of the consent, the matter is referred to the Mediation and Conciliation Centre, High Court, Madras for the purpose of solving the issue between A1 and the defacto complainant and file a mediation report on or before 06.02.2023. The defacto complainant and A1 are directed to appear before the Mediation and Conciliation Centre, High Court, Madras on 31.01.2023 at 10.30 a., without fail.

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5. Call this matter before this Court on 06.02.2023"

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The learned counsel for the petitioners submitted that the dispute

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has been amicably settled before the Mediation Centre and the parties have entered into a agreement on 15.02.2023 and also filed a Joint Memo of Compromise on 15.02.2023 signed by the petitioner/A1 and the defacto

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.1720 & 2360 of 2023

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complainant along with their respective counsels.

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The Joint Memo of Compromise dated 15.02.2023 filed by the parties is taken on file and shall form part of this order.

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In view of the above development, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.

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[a]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 on which the order copy made ready, before the learned Additional Mahila Neethi Mandram, M.M.Level, Egmore, Chennai-8, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two common sureties (out of which, one surety shall be a close relative) 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[b] if the petitioner/A1 in Crl.O.P.No.2360 of 2023 fails to comply the terms and conditions stipulated in the terms of agreement arrived at Mediation, the anticipatory bail granted to the petitioner/A1 shall be cancelled automatically;

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[c] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.1720 & 2360 of 2023

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[d] the petitioners shall report before the respondent police as and when required for interrogation.

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[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[f] the petitioners shall not abscond either during investigation or

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trial.

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[g] 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 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

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[(2005)AIR SCW 5560].

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[h] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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20.02.2023

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gbi

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.1720 & 2360 of 2023

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T.V.THAMILSELVI, J.

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gbi

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Crl.O.P.Nos.1720 & 2360 of 2023

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20.02.2023

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https://www.mhc.tn.gov.in/judis

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C.Nazema Begum v. State Rep by

Case brief

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C.Nazema Begum v. State Rep by

Case brief

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