Perumal v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Perumal S/o. Sathasivam 2.Govintharaj S/o. Govinthasami 3.Sakthivel S/o. Vijayan

...Petitioners/Accused 1-3

Vs.

The State rep. by The Inspector of Police, Mathur Police Station, Krishnagiri District.

(Crime No.453 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.453 of 2023 on the file of the respondent police on such terms and conditions. For Petitioners : Mr.R.Thirumoorthy For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A1 to A3 in Crime No.453 of 2023, registered by the respondent police for the offences punishable under Sections 25(1-A) of Arms Act. The petitioner had been taken into custody on 05.11.2023. 2.It is stated that the petitioners were in possession of single barrel country gun used for shotting birds.

3.Taking into consideration the period of incarceration and the fact that the country gun had also been seized, I am inclined to grant bail to the petitioners with certain conditions:

4.Accordingly, the petitioners are ordered to be released on bail on their executing separate 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 District Munsif cum Judicial Magistrate, Pochampalli at Krishnagiri District, and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. [b] the petitioners shall report before the respondent police 2/4

everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the 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.

01.12.2023 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The District Munsif cum Judicial Magistrate, Pochampalli at Krishnagiri District.

2. The Sub-jail, Krishnagiri.

3.The Inspector of Police, Mathur Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras.

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