K.Sathish vs State

T.V. Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 30.11.2022 for the alleged offence under Sections 294(b), 506(ii) and 420 of I.P.C. in Crime No.553 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the defacto complainant entered into part agreement with the petitioner in unregistered sale deed on 16.12.2019 and received an advance of Rs.10,60,000/-. The remaining balance amount of Rs.36,00,000/- was assured to pay within three months, but he failed to pay part of remaining amount for the past three years. While being so, the petitioner's wife filed a suit for specific performance and the defacto complainant filed the present complaint. Acordingly, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he is no way connected with the offence and he has not at all committed any of offence as alleged by the respondent police. He would submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 43 days from 13.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is an ostensible owner of property and he entered into a contract for sale. He would submit that both parties entered into a part agreement and thereafter, the defacto complainant failed to execute remaining part of agreement with him, thereby the petitioner failed to repay the amount. He would submit that the disputed property is a public pathway. He would also submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

On seeing the facts, as the property is a public pathway, the petitioner is an ostensible owner of property, however he entered intoa contract for sale, but the learned counsel for petitioner submitted that without prejudice to his right, he undertakes to settle the issue. Considering the above facts and circumstances, and also considering the fact that the investigation was almost completed and considering the period of incarceration suffered by the petitioner, this Court is inclined to grant interim bail to the petitioner till 23.01.2023 subject to the following conditions:-

Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.553 of 2022 and on such deposit, the petitioner is ordered to be released on bail on condition to 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 learned District Munsif cum Judicial Magistrate Court, Kurinjipadi, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police on every Monday and Saturday at 10.30 a.m. for the period of four weeks ;

(c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

Furthermore, as the petitioner undertakes to settle the issue, this matter is referred for mediation to the Mediation Centre, Cuddalore to settle the issue if possible. The Mediation Centre is directed to take up the matter for not less than three hearings and both the parties are directed to appear before the Mediation without fail on 09.01.2023. The Registry is directed to send the papers to the Mediation Centre, Cuddalore. After Mediation, to report before this Court about the compromise if any on 23.01.2023 and if the matter is not settled, suitable order will be passed on that day.

Post the matter for reporting compliance on 23.01.2023.