Sangarappa v. Inspector Of Police

Crl.O.P.No.26276 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.413 of 2023, registered by the respondent under Section 25(1)(a) of Indian Arms Act. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that on 9.10.2023, the respondent searched the back side of the house of the petitioner and recovered one country made gun. It is however stated by the prosecution that it was recovered from the front of the house. Taking all the factors into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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 District Munsif cum Judicial Magistrate, Denkanikottai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two 1/4

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 appear before the respondent everyday at 10.30 a.m., until further orders and the petitioner must disclose the source for obtaining the country made gun and if the source is not properly disclosed, it will be a good ground for cancellation of this order by the respondent.

[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 2/4

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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

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C.V.KARTHIKEYAN , J.

kp Crl.O.P.No.26276 of 2023 20.11.2023 4/4