← Library
Madras High CourtCRL OP/24481/2025granted

Naveen Kumar v. State Rep By The Inspector Of Police,

2025-09-08Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Naveen Kumar s/o. Subramani, Velleri Village, Senkunderam post, Gudiyatham Taluk, Vellore District.

Petitioner(s) Vs State Rep by the Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

(Crime No. 201/2025) Respondent(s) PRAYER To enlarge the petitioner on bail pending investigation in Crime No. 201/2025 on the file of the Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

For Petitioner(s):

Mr.G.Vinodhkumar For Respondent(s):

Mr.A.Gopinath, Govt. Advocate (Crl. Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.08.2025 for the alleged offence under Section 25(1) (a) of Arms Act in Crime No.201 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 15.08.2025 at about 11.00 a.m., when the defacto complainant and other police party were in patrol duty, nearby Gudiyatham Taluk at that time, on seeing them, the petitioner tried to escape from there and they caught hold of him. On search, he was found in possession of country made gun without valid permit. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and based upon a complaint given by the defacto complainant, he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 24 days from 15.08.2025 and no previous case pending against him. Hence, he prayed to grant bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is possessing a country made gun without any valid license and he is using the same for hunting animals and no previous case pending against him. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and the fact reveals that according to the prosecution, the petitioner was possessed the country made gun without any valid license, but he possessed the said weapon for hunting animals that too not wild animals and now the weapon was seized and the fact that the investigation almost completed, no previous case pending against him and also considering the period of incarceration undergone by the petitioner for more than 24 days from 15.08.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, and on further conditions that:

3/6

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate 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 on every Saturday at 10.30 a.m. for period of three months; (c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

08-09-2025 4/6

Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Judicial Magistrate, Gudiyatham.

2.The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore Dt.

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

5/6

T.V.THAMILSELVI J.

rpp CRL OP No. 24481 of 08-09-2025 6/6