The court granted anticipatory bail to the petitioner in a cheating and forgery case after noting that the matter was referred to mediation and an amicable settlement was reached between the parties prior to the hearing.
Granted anticipatory bail subject to bond execution, daily reporting, and conditions against tampering and absconding.
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Crl.O.P. No.15200 of 2024
Crl.O.P.No.15200 of 2024
P. DHANABAL.J.,
The petitioner apprehends arrest for the alleged offences under Sections 406, 420 r/w.34 of IPC in Crime No.127 of 2024, on the file of the respondent police seeks anticipatory bail.
2.The case of the prosecution is that the accused are doing hotel business and the defacto-complainant has intended to open a shop in partnership with the accused and accordingly the defacto-complainant and the accused have started businesses. The 1st accused and the defactocomplainant have shared the capital for the establishment of the business and thereafter out of the business profit, the 1st accused shared a sum of Rs.40,36,088/- as profit to the defacto-complainant. The defactocomplainant with intend to close down the partnership business at above referred premises, raised the dispute over the business. Hence the case.
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petitioner has not committed any offences as alleged by the prosecution. This Court has referred the matter to mediation. Now the matter is settled amicably between the parties and they have made the following settlement
i. The 1st payment of sum of Rs.25,00,000/- (Rupees twenty five lakhs) in the 1st week of September 2024.
ii. The 2nd payment of sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs) in the 1st weeks of November 2024.
iii. The final and last payment of sum of Rs.1,00,00,000/- (Rupees one crore) will be at the time of quashing the FIR before the Hon'ble Madras High Court and this payment will be made by the 1st petitioner in Crl.O.P.No.14531 of 2024 on or before 22nd January 2025. ''
Hence, he seeks anticipatory bail to the petitioner.
Court referred the matter to mediation, now the matter is settled amicably between the parties and they agreed to pay sum of Rs.1,50,00,000/(Rupees one Crore Fifty Lakhs) as settlement to the Intervener/defactocomplainant.
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that this Court referred the matter to mediation, now the matter is settled
amicably between the parties and they agreed to pay sum of Rs.1,50,00,000/- (Rupees one Crore Fifty Lakhs) as settlement to the Intervener/defacto-complainant.
fact that this matter was referred to mediation, now the matter is settled between the parties amicably and they agreed to act upon the terms of settlement and considering other aspects, this court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:
8.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 days from the date on which the order copy made ready,
before the learned Special Court to CCB, CBCID, Chennai 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 https://www.mhc.tn.gov.in/judis 3 of 6
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satisfaction of the learned Magistrate concerned and on further condition
that:
[a] the petitioner shall report before the respondent police daily at 10.00a.m. for the period of thirty days;
[b] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
[c] the petitioner shall not leave India without the prior permission of the Court.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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 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].
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section269 B.N.S.2023.
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P.DHANABAL,J
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Crl.O.P.No.15200 of 2024
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2 issues framed by the court
Whether anticipatory bail is maintainable in light of the amicable settlement and mediation outcome.
Whether the petitioner can be released on anticipatory bail subject to reporting and other conditions.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶39
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
P. DHANABAL
Respondent Police
P.DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.DHANABAL
Parties & counsel
