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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Pavunu ... Petitioner Vs.

State Rep.by The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

(Crime No.310 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail as against the case pending on the file of the respondent police in Crime No.310 of 2025.

For Petitioner :

Mr.D.Thirumoorthy For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.08.2025, for the offence punishable under Sections 25(1)(a) of Arms Act, in Crime No.310 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner, along with other accused, was allegedly found in possession of a country-made gun and was preparing to hunt birds using the said gun near the forest. Hence the present complaint.

3. The learned learned counsel appearing for the petitioner submitted that no seizure was made from this petitioner and he is not involved in the alleged offence and the case has been foisted against him.

4. Heard both sides and perused the materials available on record.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the petitioner is involved in one previous case of a similar nature.

6. Considering the fact that the co-accused have already been released on bail, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham 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., until further orders;

[c] 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];

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Dr.G.JAYACHANDRAN, J.

rpl [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.08.2025 rpl Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Gudiyatham.

2.The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court of Madras.

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