Allowed

Anil Mathew v. The Inspector of Police

Madras HC28 Apr 2023CRL OP(MD)/5955/2023

Case brief

AI extract

What is this about?

Court granted anticipatory bail to accused persons facing arrest for cheating, criminal breach of trust, and adultery offences after an amicable settlement was reached. Bail subject to conditions including bond execution, reporting, and no tampering with evidence.

What did the court decide?

Petitioners ordered to be released on bail with bond of Rs.10,000 each and two sureties, subject to standard conditions including no absconding or witness tampering.

Anil Mathew Vs The Inspector of Police — Cheating and Forgery | Madras HC (2023)

¶1

CRL OP(MD)Nos.5955 & 6074 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.04.2023 PRESENT

¶3

The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

¶4

CRL OP(MD)Nos.5955 & 6074 of 2023

¶5

1.Anil Mathew 2.Abhishek Mathew Anil ... Petitioners/Accused 1 & 2 in Crl.O.P.(MD)No.5955 of 2023

¶6

Mahendran @ Surya ... Petitioner/Accused 3 in Crl.O.P.(MD)No.6074 of 2023

¶7

¶8

State Rep by The Inspector of Police, Theni Police Station, Theni District. In Cr.No.122 of 2023 ... Respondent/Complainant in both Crl.O.Ps.

¶9

For Petitioners : Mr.C.Susi Kumar (in Crl.O.P.(MD)No.5955 of 2023)

¶10

For Petitioner : Mr.R.Maheswaran (In Crl.O.P.(MD)No.6074 of 2023)

¶11

For Respondent : Mr.R.M.Anbunithi, (in both Crl.O.Ps.) Additional Public Prosecutor

¶12

PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

¶13

COMMON PRAYER :- For Anticipatory Bail in Crime No.122 of 2023 on the file of the Respondent Police.

¶14

COMMON ORDER : The Court made the following common order :-

¶15

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b) and 506(ii) IPC in Crime No.122 of 2023, seek anticipatory bail.

¶16

2.The case of the prosecution is that the first accused is running an institute in the name of Study Ways-International, near https://www.mhc.tn.gov.in/judis Ravikumar Hospital, Theni. The defacto complainant's wife is

¶17

1/3

¶18

CRL OP(MD)Nos.5955 & 6074 of 2023

¶19

working as Office Assistant in the above said institute. The accused persons took the car of the defacto complainant's wife, bearing Reg.No.TN-07-BT-7907 to Kerala. Thereafter, they failed to return the car. When the defacto complainant and his wife asked to return the car, the accused persons abused them and made life threat. Hence the case.

¶20

3.Heard both sides and perused the materials available in the record.

¶21

4.This matter has been referred before the Mediation Centre, attached to this Bench. Now, the parties arrived for amicable settlement vide settlement agreement dated 17.04.2023. In view of the settlement arrived between the parties, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

¶22

5.Accordingly, 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 Judicial Magistrate, Theni, 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 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:

¶23

[a] 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.

¶24

[b] the petitioners shall report before the respondent Police as and when required;

¶25

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

¶26

[d] the petitioners shall not abscond either during investigation or trial.

¶27

[e] 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 [(2005)AIR SCW 5560].

¶28

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

¶29

2/3

¶30

CRL OP(MD)Nos.5955 & 6074 of 2023

¶31

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/-

28/04/2023

/ TRUE COPY /

/05/2023

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. GNS

¶37

¶38

1 THE JUDICIAL MAGISTRATE, THENI.

¶39

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

¶40

3 THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI DISTRICT.

¶41

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

¶42

+1. CC to M/S.SUSI KUMAR C Advocate SR.No.7108

¶43

ORDER

¶44

¶45

CRL OP(MD)Nos.5955 & 6074 of 2023 Date :28/04/2023

¶46

SA/MMS/SAR.2/17.05.2023/3P/6C

¶47

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

¶48

3/3

Anil Mathew v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Anil Mathew v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G. Selvaraj Vs S.Murugan

K.Ramesh Vs D.Saravana Kumar

Mubarak Ali Vs The Inspector of Police

Rajaram Vs Public Prosecutor

Vincent Renod Vs Mrs.Meenakshi Veronica Rosary

Ezhil Muthu Venkatesan Vs the Sub Inspector of Police