Jayabal v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Jayabal

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Jamunamarathur Police Station, Tiruvannamalai District.

(Crime No.29 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.29 of 2025 pending investigation on the file of the respondent police. For Petitioner :

M/s.S.Nishanthi For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 05.04.2025, seeking bail in Crime No.29 of 2025 registered for the offence under Sections 4(1)(A), 4(1)(C) and 4(1-A)ii of TNP Amendment Act r/w Section 25(1B)(a) of Arms Act.

2.It is the case of the prosecution that the petitioner was found in illegal possession of 5 litres of illicit arrack and also possession of a country made gun without having licence. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner has no bad antecedents; that the contraband and the gun have been seized; and that the petitioner is in custody from 05.04.2025 and hence, further custody of the petitioner is not required and sought for bail.

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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the contraband and the gun have been seized and that the petitioner has no bad antecedents. 5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration, the fact that the contraband and the gun have been seized, the petitioner has no bad antecedents and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Polur, and on further conditions that: Page No.3 of 6

[a] 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, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 269 B.N.S.

23.04.2025 Page No.4 of 6

ata Copy to:

1.The Inspector of Police, Jamunamarathur Police Station, Tiruvannamalai District.

2.The Judicial Magistrate, Polur.

3.The Superintendent of Prison, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 23.04.2025 Page No.6 of 6