Gopi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.05.2021 CORAM :

THE HON'BLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.8384 of 2021 Gopi ... Petitioner Vs State Rep. by The Inspector of Police, Anaicut Police Station, Vellore District.

(Crime No.35 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest in Crime No.35 of 2021 on the file of respondent police.

For Petitioner : Mr.E. Kannadasan For Respondent : Mr. T. Shunmugarajeswaran Government Advocate

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 287, 337 of I.P.C and Section 27(1) of ARMS Act 1959 in Crime No.35 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner without having proper licence was in possession of Country made gun and it was exploded, due to which the mother of the petitioner sustained grievous injuries and when she was admitted in the hospital, the concerned Village Administrative Officer registered the complaint against the petitioner.

3. Heard the learned counsel appearing for petitioner.

4. The learned Government Advocate(Crl side) appearing for the respondent would submit that the petitioner without having proper licence was in possession of Country made gun and it was exploded, due to which the mother of the petitioner sustained grievous injuries. He would further submit that the gun was recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the fact that the gun was recovered from the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.V, Vellore 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 this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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 as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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.

-sd/- 12/05/2021 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, NO.V, VELLORE 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, ANAICUT POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges Sr.6171 CRL OP.8384/2021 Date :12/05/2021 RVR 01/06/2021