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Madras High CourtCRL OP(MD)/12806/2022allowed

Selvakumar @ Kks Selvakumar v. The Inspector Of Police

2022-09-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Selvakumar @ KKS Selvkumar ... Petitioner/Accused NO.1 Vs State Rep.by The Inspector of Police, Samayapuram Police Station, IN Crime NO.163 of 2022 ... Respondent/Complainant For Petitioner : Mr.N.Ananthapadmanabhan, Advocate. For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) For Intervenor : MR.V.Vishnu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.163 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 109, 427, 506(2) and 307 of IPC r/w Section 3 of the Explosive Substances Act, 1908, in Crime No.163 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.This is the case, where there was a group rivalry between two groups of people belonging to the same community, who are working for betterment of their society.

3.On earlier occasion, this Court had granted an opportunity to both the parties to workout a possibility of settlement and an interim protection was also granted to them.

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4.The learned counsel for the defacto complainant would submit that a wrong information has been given before this Court about the possibilities of settlement.

5.On going through the entire history, it is seen that it is a group rivalry between two groups of people and still it continues. Both the parties are working out for settlement for the betterment of their society at least in the interest of their society. They are about to burry their rivalry between them and try to resolve the issue.

6. This Court with a hope that the matter will be settled amicably between the parties, makes the interim protection, that has been granted to the petitioner absolute on the basis of the undertaking affidavit, which is placed on record. However, if any violation is noticed, then the order will stand automatically vacated and the respondent police is at liberty to secure the petitioner and if need, a case may also be registered against the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate No.III, Trichy and on his executing 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 Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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3 THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.M/.S APN LAW ASSOCIATES, Advocate (SR-10194[I] dated 19/09/2022 )

ORDER

IN CRL OP(MD) No.12806 of 2022 Date :19/09/2022 PKP/VR/SAR-2/22.09.2022/3P/6C 3/3