K.Loganathan v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.11206 of 2020 K. Loganathan, (M/30) S/o. S. Karunanidhi ... Petitioner Vs.

The State Represented by, The Inspector of Police, Poonamallee Police Station, Chennai - 600 056.

Crime No.681 of 2020.

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of arrest in Connection with the Crime No.681 of 2020 pending on the file of the respondent Police.

For Petitioner : Mr. R. Sankarasubbu For Respondent : Mr. T. Shunmugarajeswaran, Government Advocate (Crl. Side)

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324 and 307 of IPC in Crime No.681 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant one Philip Sudhakar is that due to business rivalry, on 02.07.2020, the petitioner along his associates, waylaid the defacto complainant, his brother and friend and by abusing with filthy language, attacked them with iron rods on their head and body resulting in the defacto complainant, his brother and friend sustaining head injury and fracture in the hands. 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. He would further submit that similarly placed accused in this case has been granted anticipatory bail by this Court in Crl.O.P.No.10882 of 2020 on 28.07.2020 and would submit that the

petitioner's name is not found in the FIR and only on the confession of the main accused, the petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that there are totally 12 accused in this case and that the petitioner is A12. He would further submit that there is no previous case as against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and also the fact that similarly placed accused has been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.II, Poonamallee, 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 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.

[b] the petitioner shall report before the respondent police every day at 10.30 a.m., 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 petitioners 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

8.With the above directions, this Criminal Original Petition is ordered.

-sd/- 31/07/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, POONAMALLEE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATE, REPRESENTED BY INSPECTOR OF POLICE, POONAMALLEE POLICE STATION, CHENNAI-600 056.

CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.11206/2020 Date :31/07/2020 RD 28/08/2020