Rinku Kumar v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33542 of 2025 1.Rinku Kumar 2.Naresh Kumar Petitioners Vs The State Represented by The Inspector of Police, Karumathampatti Police Station, Coimbatore District.

Crime No.469 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.469 of 2025, on the file of the respondent police. For Petitioners:

Mr.R.Parthiban For Respondent:

Mr.A.Gopinath

Government Advocate (Crl.side)

ORDER

The petitioners were arrested and remanded to judicial custody on 07.11.2025 for the alleged offence punishable under Sections 25(1B)(b), 25(1B)(g), 25(1B)(i), 25(4) of Arms Act in Crime No.469 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioners is that, the petitioners hail from Jammu and Kashmir and were found in possession of a double barrel gun which was allegedly used for getting job as a security officer at the Tollgate. Hence, a complaint was lodged and the petitioners were arrested.

3. Learned counsel appearing for the petitioners submitted that the petitioners were in possession of the double barrel gun only for the purpose of securing a job and that they had already produced the licence issued for possessing the gun. He further submitted that they were not

aware of any certificate issued and that the gun was kept for employment purposes and not with any bad intention. He further submitted that the petitioner is in judicial custody since 07.11.2025. Hence, he prayed to grant bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioners were arrested and the double barrel gun along with a certificate was seized from them. On verification it was revealed that the petitioners had obtained the bogus certificate and used it for the purpose of getting a job. Further, apart from these petitioners, several other groups have proceeded to various Districts in a similar manner, and that the investigation is pending. Hence, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel on

either side, and the fact that the petitioners had possessed the double barrel gun only for securing job as security officer work and not for any illegal activity, and that the property was also seized and considering the period of their incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Coimbatore, and on further conditions that:- [a] 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 petitioners shall report before the

respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with the 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 269 B.N.S. 08.12.2025 drl 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.IV, Coimbatore.

2.The Inspector of Police, Karumathampatti Police Station, Coimbatore District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.33542 of 2025

08.12.2025