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Madras High CourtCRL OP(MD)/12454/2023granted

K.K.S.Selvakumar @ Selvakumar v. The Inspector Of Police

2023-07-31Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12454 of 2023 K.K.S.Selvakumar @ Selvakumar ... Petitioner / Accused No.1 Vs The State represented by The Inspector of Police, Manapparai Police Station, Trichy District.

Crime No.208 of 2023.

... Respondent / Complainant For Petitioner : M/s.D.S.Haroon Rasheed, Advocate For Respondent : Mr.S.Manikandan Government Advocate (Cl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.208 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 229(A) of IPC in Crime No.208 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner at the first instance stated that the case was registered against the petitioner in Crime No.55 of 2023 on the file of the Thuvarankurichi police station, for the offences under Section 148, 294(b), 323, 307 of IPC and Section 25(1)(a) of Arms Act. Anticipatory Bail was granted by the learned Principal District and Sessions Judge, Trichy, on 17.03.2023 in Crl.M.P.No.1216 of 2023. Since the petitioner did not comply the condition, the present case under Section 229(A) of IPC came to be registered. Seeking anticipatory bail, the present petition came to be filed.

3. The learned counsel for the petitioner would submit that on the ground that the Crime No.55 of 2023 was compromised between the parties, petition for quash on the ground of compromise was filed in Crl.O.P(MD)No.7703 of 2023 which has been filed and the same is pending.

4. A perusal of the petition copies shows that compromise has been reached between the parties and a joint compromise memo was also filed. In view of the development, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manapparai, 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 satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 31/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUCHIRAPPALLI.

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

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

ORDER

IN CRL OP(MD) No.12454 of 2023 Date :31/07/2023 SS/BUC/11/08/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023