A Palanisamy v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN A Palanisamy S/o. Anadi, Melveethi Cinna Mayamalachi, Sittampattu Post, Attur Taluk, Salem - 636 138.
..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Kariyakoil Police Station, Salem District.
(Crime No. 6 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on bail in the event of his arrest in FIR bearing Crime No.6 of 2026 on the file of the Inspector of Police, Kariyakoil Police Station, Salem District i.e., Respondent Police.
For Petitioner(s):
Hariram Kumar For Respondent(s):
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 25(1)(a) of Arms Act, 1959 in Crime No.6 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that he was in illegal possession of a country-made rifle along with a small quantity of ammunition. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is only an agriculturist and that his land is situated in a hill area. Without his knowledge, somebody had kept the country-made arm in his land, and thereby he was put into trouble. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed granting anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.
Side) for the respondent.
6. Taking into consideration the above factual position and also the fact that the petitioner has no previous cases, this Court is of the view that the case of the petitioner may be considered positively. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on anticipatory 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-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 of the learned Magistrate concerned, and on further conditions:
(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 sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of 30 days 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
13-03-2026 MPA
To 1.The Judicial Magistrate-I, Attur.
2.The Inspector of Police, Kariyakoil Police Station, Salem District.
(Crime No. 6 of 2026) 3.The Public Prosecutor, High Court of Madras, Chennai.
C.KUMARAPPAN, J.
MPA 13-03-2026