Santhosh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN Santhosh ... Petitioner Vs.

The State Represented by, The Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.

(Crime No.114 of 2023) ... Respondent Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in Crime No.114 of 2023 on the file of respondent.

For Petitioner : Mr.R.Balakrishnan For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.05.2023, in connection with Crime No.114 of 2023 registered for the offence punishable under Section 25(1B) (a) of Arms Act, 1959, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the accused was found in possession of country gun without valid licence. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely roped into this case. He further submitted that the petitioner is no way connected with the alleged offence and he is in judicial custody from 02.05.2023. He also submitted that the petitioner is ready and willing to furnish solvent sureties and to abide by any stringent condition that may be imposed on him. Hence, he prayed for grant of bail to the petitioner.

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4. Learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was found in possession of country gun without any valid license. He further submitted that six witnesses have been examined so far. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the submissions made by learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thiruvannamalai, and on further conditions that:

[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 daily at 10.30 a.m., until further 3/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

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1. The Judicial Magistrate No.I, Thiruvannamalai.

2. The Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

A.A.NAKKIRAN, J.

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