Arunpandi v. The State Represented By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN 1.Arunpandi 2.Vigneshwaran ... Petitioners Vs.
The State Rep. by:
The Inspector of Police, Tiruppur South Police Station, Tiruppur District.
(Crime No.891 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.891 of 2024 on the file of the respondent police. For Petitioners :
Mr.C.Nandhakumar For Respondent :
Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
The 1st petitioner was arrested and remanded to judicial custody on 17.12.2024 and the 2nd petitioner was arrested and remanded to judicial custody on 18.03.2025, for the offence punishable under Sections 310(4) of BNS, 2023 and Section 25(1A) of Arms Act, in Crime No.891 of 2024, 1/4
registered on the file of the respondent, seek bail.
2. The case of the prosecution is that on 09.11.2024 based on a tipoff, a lodge was searched. The petitioners and others were found preparing to commit decoity. In the room, where the petitioners were staying, three patta knives were recovered. Hence the present case.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioners and submitted that one of the accused is still absconding and yet to be secured. He further submitted that the final report has been filed after competition of enquiry and it is yet to be taken on file. He also submitted that the 1st petitioner has 7 previous cases against him, the 2nd petitioner has 2 previous cases against him, all of which are grievous in nature.
4. Heard both sides and perused the materials available on record.
5. Considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty 2/4
Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur, 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 petitioners 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];
Dr.G.JAYACHANDRAN, J.
rpl [d] If the accused thereafter absconds, a fresh 3/4
FIR can be registered under Section 269 of B.N.S. 01.09.2025 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 No.II, Tiruppur .
2.The Inspector of Police, Tiruppur South Police Station, Tiruppur District.
3.The Superintendent, Central Prison, Coimbatore. 4.The Public Prosecutor, High Court of Madras.
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