Ganavelu v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twelfth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13961 of 2021 GANAVELU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIRUTHAMPET POLICE STATION, VIRUTHAMPET, VELLORE DISTRICT.
CR NO. 241/2021 For Petitioner : M/S.G.VINODH KUMAR Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 25(1A) of A.R.M.S. Act in Crime No.241 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused persons were found in illegal possession of Country made Gun and also 100 gms. of Bullet. They were trying to hunting the rabbit. Hence, the complaint.
3.The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The learned counsel further submitted that it is only A1 and A2 having possession of Country made Gun and bullets. The co-accused A1 and A2 were already arrested and released on bail by the Lower Court (Principal Sessions Judge, Vellore). Hence, the learned counsel prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the co-accused A1 and A2 were already arrested and released on bail before the Principal Sessions Judge, Vellore and there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.
5.Considering the fact that the co-accused have been released on bail and there is no previous case pending as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.III, 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 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 Court concerned 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/08/2021 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 PRINCIPAL SESSIONS JUDGE, VELLORE.
2 THE JUDICIAL MAGISTRATE NO.III VELLORE.
3 THE CHIEF JUDICIAL MAGISTRATE, VELLORE DISTRICT (FOR INFORMATION).
4 THE INSPECTOR OF POLICE, VIRUTHAMPET POLICE STATION, VIRUTHAMPET, VELLORE DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.G.VINODH KUMAR Advocate on payment of necessary charges SR.NO.8433 CRL OP.13961/2021 Date :12/08/2021 INBA 23/08/2021