Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17896 of 2015 1 RAJ 2 RAJKUMAR 3 MANI ... PETITIONERS / ACCUSED 1 to 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 294/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.P.NARAYANAKUMAR Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are A1 to A3 in Crime No.294 of 2015 for the offences punishable under Section 7 r/w 25(i)1A, 29(b) Arms Act, 1959 Section 5 r/w 9(B)1(b) Explosive Act, 1884, on the file of the respondent Police, were arrested and remanded to judicial custody on 01.09.2015. They seek bail.

2.According to the prosecution, the 4th accused Pradeep Kumar had a licence to possess single barrel SBBL gun (0.12 bore) NP. But on 01.09.2015 when the respondent Police conducted a vehicle check up, the accused 1 to 3 were found in possession of gun and with two cartridges. 3.The learned counsel for the petitioners submitted that the accused were travelling in two wheelers and the respondent Police have registered the case, as if the 4th accused has given the weapon to the other accused. The learned counsel further submitted that the licence issued in favour of the 4th accused was renewed on 15.05.2013 by the District Revenue Officer and Additional District Magistrate, Kanyakumari, which is valid upto 31.12.2015.

4.Per contra, the learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the accused 1 to 3 were taking weapon to the Mukuruthimalai Forest area for hunting wild animals and the 4th accused is still at large.

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5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent. 6.Considering the facts and circumstances, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Boothapandi, and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE BOOTHAPANDI 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT 3 THE SUPERINTENDENT CENTRAL PRISON NAGERCOIL 4 THE INSPECTOR OF POLICE BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S K.P.NARAYANAKUMAR Advocate SR.No.54380

ORDER

IN CRL OP(MD) No.17896 of 2015 Date :15/09/2015 AM/16.09.2015/GSV.SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/