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Madras High CourtCRL OP/33640/2025granted

Amarendrakumar Ojha v. The State Of Represented By

2025-12-09Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33640 of 2025 Amarendrakumar Ojha ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

(Crime No.652 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.652 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. P. Muthamuzhselvakumar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.10.2025 for the offences punishable under Sections 466, 468, 471 of IPC u/s. 25(1B)(a) of Arms Act, 1959 in Crime No.652 of 2025, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that, the petitioner herein/ A2 along with other accused were in illegal possession of gun by fabricating the records and based on the fabricated records, A1 secured employment as a Security Guard in a bank. Hence, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 28.10.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the 2/6

respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that there are totally 10 accused involved in this case and the petitioner is arrayed as A2; that the petitioner is hailing from Bihar; and that the investigation of this case is pending. 5.

Considering the submissions made, facts and circumstances of the case, taking note of the period of incarceration undergone by the petitioner and the fabrication of records and possession of gun was for the purpose of seeking job, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

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[b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09.12.2025 stn 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.

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To

1. The Judicial Magistrate No.II, Tiruppur.

2. The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

(Crime No.652 of 2025)

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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Crl.O.P. No.33640 of 2025 09.12.2025 6/6