Kamalanathan v. Inspector Of Police

Crl.O.P.No.5751 of 2023 A.D. JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Sections 147, 148, 341, 294(b), 342, 323, 324 and 506(ii) IPC in Crime No.63 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to the wordy quarrel the petitioner and other accused attacked and abused the defacto complainant with hands and stones, thereby the defacto complainant sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On account of wordy quarrel with regard to parking of vehicles in the temple festival, a false complaint has been given against the petitioner and others. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The Government Advocate (Crl.side) would submit that due to wordy quarrel on account of parking vehicles in the temple festival, the petitioner and other accused attacked and abused the defacto complainant. There is no previous case as against the petitioner. He would further submit that the 1/4

investigation is pending. Hence, he oppose for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate No.II, Sankagiri, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 2/4

[b] the petitioner shall report before the respondent police daily at 10.30am until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 14.03.2023 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.5751 of 2023 14.03.2023.

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