Chinnathambi v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2987 of 2026 Chinnathambi ... Petitioner Vs.
The State represented by The Inspector of Police, Kariyakoil Police Station, Salem District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in connection with the Cr.No.4 of 2026 on the file of the Kariyakoil Police Station,Salem District.
For Petitioner : Mr.T.Ganesan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Section 25(1)(a) of Arms Act in Cr.No.4 of 2026 on the file of the respondent police, seeks anticipatory bail.
1/5
2. The case of the prosecution is that on 21.01.2026 at 12.30 hours at Kariyakoil, on a secret information, the respondent police and his team were conducted raid at Adiyanur Village regarding prohibition offences, at that time, the petitioner/accused was standing infront of his shed, on seeing the police team, he has escaped from there. Subsequently, the police went to the petitioner's shed and found that an unlicensed country made rifle (SBML) in the box, two polythene covers with a small amount of charcoal and a small amount of balrus bullets, which led to registration of the case. Hence, the present petition for anticipatory bail.
3. The learned counsel appearing for the petitioner submitted that the petitioner was not in a possession of country made rifle and it was not used for any illegal purposes and it is alleged that the same is used for hunting purposes. He further submitted that the petitioner is not having any previous case and he is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is not having any previous case and the property were recovered 2/5
from the petitioner. However, he vehemently opposed the grant of anticipatory bail.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations, the fact that the property recovered and no previous case was reported, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. 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, before the learned Judicial Magistrate-I, Attur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:
(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; 3/5
(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 Act.
09.02.2026 Vv To 1.The Judicial Magistrate-I, Attur.
2.The Inspector of Police, Kariyakoil Police Station, Salem District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.2987 of 2026 09.02.2026 5/5