Kumaresan v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33862 of 2025 Kumaresan Petitioner Vs The State Represented by The Inspector of Police, Steel Plant Police Station, Salem City.
Crime No.14 of 2024.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner pending investigation in Crime No.14 of 2024 on the file of the respondent police.
For Petitioner:
Mr.A.Saravanan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 05.11.2025 for the alleged offence punishable under Sections 25(1B) (a) of Arms Act, 1959 in Crime No.14 of 2024 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner is ranked as A2. On 12.01.2024, the house of A1 was searched, during which various parts of a deer including meat, (venison), country made gun and animal skin, were recovered. Based on the confession statement recorded from A1, this petitioner was implicated and added as accused in this case. Hence, a complaint was lodged and the petitioner was arrested.
3. Learned counsel appearing for the petitioner submitted that the occurrence alleged to have been taken place in the month January 2024 and the statement recorded from A1 only lapse of almost 2 years. He further submitted that the petitioner is in judicial custody since 05.11.2025. He further submitted that the petitioner is not having any previous cases and that the injured caused is not a serious injuries. Hence, he prayed to grant bail to the petitioner. 4.
Learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case and submitted that there are totally two accused in this case and the petitioner is ranked as A2. He further submitted that the petitioner has four previous cases pending against him. Hence, he opposed to grant bail to the petitioner.
5. Considering the submissions made by the learned counsel on either side and on perusal of the FIR and other connected materials it is seen that the alleged occurrence was taken place in the month of January 2024 and the petitioner is in judicial custody from 05.11.2025 and the properties were recovered, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Salem, 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner 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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
11.12.2025 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.I, Salem.
2.The Inspector of Police, Steel Plant Police Station, Salem City.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33862 of 2025 11.12.2025