Anand Alice Sivanandam v. State Rep By
A.D.JAGADISH CHANDIRA,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 25(1-B) (a) Arms Act and 109 IPC in Crime No. 103 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Vasanthakumar, Inspector of Police is that the first accused one Ravichandran @ Ayothi Ravi was found in possession of a country made gun without any valid license or permit. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent persons and he has been falsely implicated based on the confession alleged to have been recorded from the arrested accused A1. He further submit that the petitioner has got four previous cases and only to keep him in fetters, he has been falsely implicated in
this case. He further submit that the petitioner has now joined a political party and now he is a reformed person. He further submit that he is ready to abide by any condition that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that the defacto complainant had arrested A1 one Ravichandran @ Ayothi Ravi and he was found in possession of country gun without proper license. On enquiry, he had confessed that the country gun was given by the present petitioner. He further submitted that the first accused was arrested and enlarged on bail. Hence, he opposed for grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record.
6. Considering the above fact and circumstances of the case and also the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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 learned Judicial Magistrate No.VI, Coimbatore, 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, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and 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, and 5.30 p.m, until further orders.
[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.
14.06.2023 drl
A.D.JAGADISH CHANDIRA,J.
drl 14.06.2023