Kamal@Kamalakannan Padamanathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14355 of 2020

1. Kamal @ Kamalakannan Padamanathan

2. Haribabu

3. Anand @ Anandababu

4. Sudhakar Ammanor ... Petitioners Vs.

State Represented by :- The Inspector of Police, Arakonam Police Station, Vellore District.

Cr. No.736 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.736 of 2020 on the file of the Respondent police.

For Petitioners : Mr.S.Joel For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 342, 294(b),324 and 506(ii) of IPC in Crime No.736 of 2020, on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that the petitioners and the defacto complainant are neighbours. On 16.07.2020, a wordy quarrel arose between the petitioners and the defato complainant. Due to which, the petitioners attacked the defacto complainant and his brother with wooden log. Therefore, the defacto complainant sustained injuries. Hence the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against the petitioners and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that thee was a wordy quarrel between the petitioner and the defacto complainant. Due to which, the petitioners attacked him with wooden log and stones and he sustained injuries on his face and stomach. He would further submit that the injured has been discharged from the hospital and that there are no previous cases pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the victim has been discharged from the hospital and also there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

[a] Accordingly, the petitioners are directed to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which order copy made ready, before the learned Judicial Magistrate, Arakonam, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees ten thousand ony) 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 futher condition that:

[b] the petitioners 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.

[c] the petitioners shall report before the respondent police daily at 10.30a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

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

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

-sd/- 15/09/2020 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, ARAKKONAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ARAKONAM POLICE STATION, VELLORE DISTRICT.

CC to M/S S.JOEL Advocate on payment of necessary charges CRL OP.14355/2020 Date :15/09/2020 MK:28/09/2020