Selvam v. State, Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10935 of 2021 1.Selvam 2.Govindan 3.Narasimman ... Petitioners Vs.

The State Represent by Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.

Crime No.279 of 2021.

... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with the case in Cr.No.279 of 2021 pending investigation on the file of the respondent Police.

For Petitioners : Mr.V.Sakkarapani For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioners, who were arrested on 04.06.2021 and remanded to judicial custody for the offences under Section 25(1)(a) of the Arms Act 1959 in Cr.No.279 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 04.06.2021, when the respondent Police were on routine prohibition raid at the place of Vathalmalai Adivaram, they nabbed the petitioners, who were sitting on the two wheeler and enquired them. The petitioners, on seeing police, tried to flee away from the place. However, the police officials were arrested them and made a search. On search, the police had seized their two wheeler, wherein the country made gun was found and also seized the same.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 04.06.2021. Therefore, he prays to grant bail to the petitioners. However, the petitioners, on their own volition, are ready and willing to pay compensation for a sum of Rs.20,000/- for the purpose of maintaining the Forest animals.

4. The learned Government Advocate (Crl.Side) submits that the petitioners were in illegal possession of country made gun without license and there were no previous cases pending against the petitioners and the investigation is almost completed.

5. Considering the period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation and based on the undertaking given by the petitioners to pay a sum towards maintenance of forest animals, this Court is inclined to grant bail to the petitioners subject to the following conditions: (a)the petitioners shall pay a sum of Rs.

20,000/- (Rupees Twenty Thousand only) to the credit of the District Forest Officer, Dharmapuri District for the rehabilitation and improvement of the basic needs, particularly water facilities, to the forest animals in the said District under necessary acknowledgement, without prejudice to their defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioners; (b) the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) before the Jailer, District Jail, Dharmapuri, in which the petitioners are confined and on such execution the petitioners shall be released from prison; (c) Within a period of four weeks after the release, the petitioners shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.

II, Dharmapuri; (d) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated.

(e)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; (f)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;

(g)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(h)the petitioners shall not abscond either during investigation or trial;

(i)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 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 Vs. State of Kerala [(2005) AIR SCW 5560]; and; (j)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 25/06/2021 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, DHARMAPURI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE OFFICER INCHARGE DISTRICT JAIL, DHARMAPURI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, ADHIYAMANKOTTAI POLICE STATION, DHARMAPURI DISTRICT.

COPY TO:

THE DISTRICT FOREST OFFICER, DHARMAPURI DISTRICT.

CC to M/S.V.SAKKARAPANI Advocate on payment of necessary charges CRL OP.10935/2021 Date :25/06/2021 cs 28/06/2021