Allowed

Murali @ R.Muralidharan v. the State Rep by

Madras HC29 Jul 2024CRL OP/12394/2024

Case brief

AI extract

What is this about?

The court granted regular anticipatory bail to the petitioners apprehending arrest for offences under Sections 294(b), 406 and 420 IPC, after they deposited Rs.5 lakhs as directed by the interim order. The court imposed conditions including surety bonds, periodic police reporting, and non-interference with evidence, and referred the matter to mediation.

What did the court decide?

Anticipatory bail granted subject to conditions: bond with two sureties, report to police every Tuesday for eight weeks, no tampering with evidence/witnesses, no absconding.

Murali @ R.Muralidharan Vs the State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.12394 of 2024

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Crl.O.P.No.12394 of 2024

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T.V.THAMIILSELVI, J.,

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The petitioners, who apprehend arrest at the hands of the

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respondent police for the alleged offences punishable under Sections 294(b), 406 and 420 IPC in Crime No.140 of 2024, on the file of the respondent police, seek anticipatory bail.

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When the matter came up on 04.07.2024, this Court had granted interim protection to the petitioners on condition to deposit a sum of Rs.5 lakhs to the credit of Crime No.140/2024 on or before 29.07.2024.

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Today when the matter is taken up for hearing, it is reported that an amount of Rs.5 lakhs has been deposited by the petitioners to the credit of Crime No.140/2024 before the Trial Court. The defacto complainant is permitted to withdraw the said amount which was deposited by the petitioners before the Trial Court without prejudice to the rights and merits of the case.

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According to the defacto complainant, that total cheated

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

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Crl.O.P.No.12394 of 2024

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amount out of chit transaction to the tune of Rs.18 lakhs. Hence, he seeks the matter may be referred to mediation.

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Since the order of this Court, dated 04.07.2024 has been

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complied with by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order

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before the learned Judicial Magistrate No.1, Alandur, Chennai on condition that the petitioners shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a

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

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Crl.O.P.No.12394 of 2024

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copy of their Aadhar card or Bank pass Book to ensure their identity;

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[b] the petitioners shall report before the respondent police on every Tuesday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation;

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

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

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[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 i7f the conditions have been imposed and the petitioners are released on anticipatory 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]; and;

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[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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On considering the request made on the side of the defacto complainant, this Court refers the matter before the Mediation and

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

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Crl.O.P.No.12394 of 2024

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Conciliation Centre, attached to this Court. Mr.T.Sivananthan, Mobile No:9841031135, learned counsel is appointed as a Mediator. Both the parties are directed to appear before the Mediation and Conciliation Centre, attached to this Court on 08.08.2024, without fail.

29.07.2024

ssi

Copy to:

The Mediation and Conciliation Centre, Chennai.

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

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Crl.O.P.No.12394 of 2024

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T.V.THAMIILSELVI, J.,

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ssi

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Crl.O.P.No.12394 of 2024

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29.07.2024

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5/5 https://www.mhc.tn.gov.in/judis

Murali @ R.Muralidharan v. the State Rep by

Case brief

What is this about?

What did the court decide?

Murali @ R.Muralidharan v. the State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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