M.Babu v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP NO.17262 of 2025 M.Babu Petitioner Vs The State Rep By The Inspector of Police Arakkonam Town Police Station, Ranipet District.

(Crime No.360 of 2025) Respondent Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No.360 of 2025 on the file of the respondent police. For Petitioner : Mr.M.D.Ilayaraja For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.05.2025, for the offence punishable under Section 25 (1) (a), 25 (1AA) and 25 (1B) (a) of Arms Act, 1959 I.P.C, in Crime No.360 of 2025, registered on the file of the respondent, seek bail. Page No.1 of 6

2.The case of the prosecution is that, the petitioner along with other accused was found in illegal possession of K.F.7.65 MM Bullet in his pant pocket and on his confession, the respondent police has seized BLANCA 22 Blance Air Pistol 177 Calibre 4.5 mm and Gold Colour Body and Hand Grip Black Colour Country made pistol. Hence the case. 3.The contention of the learned counsel for the petitioner is that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in judicial custody from 24.05.2025. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution case and opposed the grant of bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and Page No.2 of 6

perused the materials available on record.

6. Considering the nature of the allegations and the period of incarceration undergone by the petitioner, 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.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Arakkonam, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent Police daily at 10.30.a.m., for a period of three weeks; thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; Page No.3 of 6

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17.06.2025 ep Page No.4 of 6

M.NIRMAL KUMAR, J.

ep To:

1.The Inspector of Police Arakkonam Town Police Station, Ranipet District.

2.The Judicial Magistrate No.I, Arakkonam.

3.The Public Prosecutor, High Court Madras.

4.Central Prison, Vellore.

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