M.Nagendran v. Inspector Of Police

Crl.O.P.No.26680 of 2023 Crl.O.P.No.26680 of 2023 C.V.KARTHIKEYAN,J.

The petitioner/A4 who apprehends arrest at the hands of the respondent Police for the offences under Section 353 of IPC r/w Section 25(1A) of Arms Act, 1959 in Crime No.325 of 2023, seeks anticipatory bail. 2.It is the case of the prosecution that the respondent on a routine vehicle checkup had intercepted a white colour Mahindra Car bearing registration No.TN 22 DE 7175 coming from Bangalore and when the car was directed to be stopped, it was driven in a zigzag manner. However, the vehicle was stopped and one person escaped and three others were arrested. During search, one 9 mm pistol with two bullets were found. 3.The learned counsel for the petitioner stated that A1 and A2 have been arrested and later, granted bail.

4.However, on the side of the respondent, it is stated that A1 to A3 were involved in yet another case under Section 302 IPC wherein a bomb was also trhown and a pistol was also used. It is stated that the investigation revealed that this pistol was used in the earlier offence and the petitioner is the owner of the car. It is also stated that he was driving the car. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.26680 of 2023 C.V.KARTHIKEYAN,J.

5.The learned counsel for the petitioner stated that the petitioner is innocent of the offences. It is also stated that A3, who is involved in the earlier offence under Section 302 IPC is the brother of the petitioner and this petitioner is a student. But the fact that A2 is the brother provides a direct link between the possession of the pistol and usage of that particular pistol in the commission of the earlier offence.

6.But however, investigation will have to be done. Taking into consideration the seriousness of the offence, I am not inclined to grant anticipatory bail to the petitioner.

7.Hence, this Criminal Original Petition stands dismissed. 24.01.2024 vkr Crl.O.P.No.26680 of 2023 https://www.mhc.tn.gov.in/judis 2/2