P.Rajavel v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A4 in Crime No.568 of 2023 registered by the respondent police for the offences under Sections 25(1B)(a) of Arms Act, 1959, seeks anticipatory bail.

2. The learned counsel for the Petitioner stated that the Petitioner had not committed any offence and he is no way connected in this case. Thus, he prays for grant of anticipatory bail to the Petitioner herein.

3. It is stated that, A1 was found in possession of a double barrel gun and an air gun without license. A1 was arrested. When he was brought for remand, the learned District Magistrate, Thiruporur holding full additional charge had released him on own bond. Similarly, A2 and A3 were also released on own bond on the same day. The allegation against the petitioner is that, he assisted for the purchase of the gun. He had also given the address in his affidavit from where the gun was purchased. Investigation will have tobe done in due course. So far as this case is concerned, the gun was brought seven years ago.

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4. Taking all the factors into considerations, this Court is inclined to grant anticipatory bail to the Petitioner subject to the following conditions. Accordingly, the Petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruporur, 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 conditions 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 daily at 10.30.a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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