Sakthivel v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Sakthivel S/o.Desing, No.14, Narikuravur Colony, Rasathupuram, Kilvisharam, Arcot Taluk, Ranipet District.

Petitioner(s) Vs

1. State by, Inspector of Police, Arcot Town Police Station, Ranipet District. Crime No.311 of 2025 Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of arrest by the respondent police in Crime No.311/2025 on the file of the respondent police and thus render justice.

For Petitioner(s):

Thirumoorthy D For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 25(1)(a) of Arms Act, 1959 in Crime No. 311 of 2025, seeks anticipatory bail.

2. The learned counsel for the petitioner submits that the petitioner resides near a forest area, hails from a tribal community, and it is their tradition to carry a country-made gun and tt has not been used for any illegal purpose and was kept in the house. Therefore, he prays for the grant of anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of bail to the petitioner.

4. Considering the fact that the gun has already been recovered and the petitioner has no previous cases, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

5. 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 order copy made ready, before the learned Judicial Magistrate, Arcot, on condition that the petitioner shall execute a 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 learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks. (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

27-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate, Arcot.

2.State by, Inspector of Police, Arcot Town Police Station, Ranipet District. Crime No.311 of 2025 3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1132 of 27-01-2026