A.Nallamuthu @ Nallamuthukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN A.Nallamuthu @ Nallamuthukumar ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Pettai Police Station, Tirunelveli Crime No.185/2021.
... Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesh Pandian, Advocate.
For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no. 185 of 2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 25(1A) of Arms Act, 1959, and Section 4(1)(g) of Tamil Nadu Prohibition Act, in Crime No.185 of 2021 on the file of the respondent police, and seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent police. 3.The learned Government Advocate (Crl. Side) would oppose the prayer made by the petitioner by citing the bad antecedents of the petitioner.
4.It appears that those cases were registered before six years. In the case on hand, the weapon in question has been seized. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
1/3
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the learned Judicial Magistrate No.V, Tirunelveli, and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:
[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity; [b]the petitioner shall report before the respondent police as and when required for interrogation;
[c]the petitioner shall not abscond either during investigation or trial;
[d]the petitioner shall not tamper with 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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
2/3
3.THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7294 of 2021 Date :08/06/2021 IAS AE/MNR/SAR-1/11.06.2021/3P/5C 3/3