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Madras High CourtCRL OP(MD)/9943/2025allowed

Dinesh Kumar v. The State Of Tamilnadu

2025-08-22Honourable Mr Justice P.Vadamalai10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 28.07.2025 Pronounced on : 22.08.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Dinesh Kumar S/o.Veeramani ... Petitioner/Accused No.4 Vs.

State of Tamil Nadu rep. by The Inspector of Police, C.B.C.I.D, Madurai City.

(In Crime No.02 of 2023) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest or surrender before the Court in connection with the Crime No.02 of 2023 on the file of the respondent police. For Petitioner : Mr.G.Anto Prince For Respondent : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The petitioner seeks anticipatory bail upon the apprehension of arrest at the 1/10

hands of the respondent police for the alleged offence U/s.25(1B)(f), 25(1B)(i) and 25

(8) of the Arms Act 1959 in Crime No.2 of 2023 on the file of the respondent police.

2. The case of the prosecution is that the defacto complainant and Accused No.1 are members of the Rifle Club, Madurai. The defacto complainant learnt that Accused No.1 was in possession of imported new brand gun, namely Blaser R830.06 BORE (S.No.R/103737) Rifle, which was illegally transported from abroad approximately during the years 2016 - 2017, and the same was registered through A2/S.M.Veeramani Armoury shop of Dindigul. During the investigation, the investigation revealed that the petitioner, who is the son of A2/Veeramani, was also involved in the case and arrayed as an accused.

3. The learned counsel for the petitioner has submitted that this is the second application for anticipatory bail. Originally, the case was registered by the Tirumangalam Town Police Station in Crime No.516 of 2023 on 08.11.2023 against the A1/Ruban and A2/Veeramani. Later, it was transferred to the respondent police and new FIR was registered in Crime No.2 of 2023 on 25.12.2023. The petitioner's name is not mentioned in both FIRs. In fact, the petitioner's father Veeramani, is a licensed arms and ammunition dealer and has been running Anissh Armoury at Dindigul. He is having license from 01.01.2019 and periodically renewed and it is valid till date. His father properly registered GST and complied with all legal 2/10

obligations. Another case was registered in the Elayankudi Police Station in Crime No.102 of 2024 against his father. The Elayankudi police alleged that on secret surveillance on 05.04.2024, one Ijaz Ahamed was having two air rifles, namely FX Impact M31 and Walther M32, in parcels. On his alleged confession statement, the petitioner has been arrayed as an accused in that case. The petitioner obtained bail in that case. Thereafter, the respondent police falsely implicated the petitioner in this case, also without any material. The petitioner has no previous case except the alleged fabricated case in Crime No.102 of 2024 of Elayankudi police station. The petitioner has no nexus to this case.

4. The learned counsel for the petitioner further submits that the petitioner is the degree holder of BE and also is holding ID from Dindigul District Shooting Club with a proper license and has participated and been certified from the Tamil Nadu Shooting Associations. He has produced the relevant documents to show the same. Moreover, he is passionate in gun shooter. The petitioner is holding proper license and also maintaining accounts and they sold only the permitted rifles. The petitioner's father's bail was cancelled by the Principal Sessions Court, Madurai, upon petition filed by the respondent police in Crl.M.P.No.3686 of 2025 and the same was set aside by this Court by its order passed in Crl.O.P(MD)No.4606 of 2025 on 01.04.2025. All the co-accused were released on bail. In obedience to the direction 3/10

of this Hon'ble Court, the petitioner appeared before the respondent police twice and he was interrogated. No material was substantiated by the respondent police for arraying the petitioner as accused in this case. So, there is no further necessity for interrogation.

5. The learned counsel for the petitioner further submitted that the Hon'ble Supreme Court in Sushila Agarwal v. State of NCT of Delhi (2020 5 SCC 1) issued guidelines while considering the anticipatory bail. The petitioner will not fly away and tamper with any evidence and there is no material produced by the respondent. The petitioner is always ready to cooperate for investigation. Since the petitioner is apprehending arrest in connection with FIR disclosing cognizable offence, he is entitled to anticipatory bail and relied on the ruling of the Hon'ble Supreme Court reported in 2021 AIR Online 2021 SC 192 M/s Neeharika Infrastructure Pvt. ... v. State of Maharashtra. Originally, the case was registered on 08.11.2023, and almost the investigation might have been completed. The petitioner will not abscond or tamper with evidence. The petitioner properly appeared before the respondent on issuance of summons. The petitioner hails from respectable family and he is ready to abide any condition. Hence, this petition may be allowed.

6. The learned Government Advocate (Criminal Side) appearing for the respondent police filed a counter and objected the anticipatory bail. Accused No.1 4/10

was in possession of illegally imported rifle made in Germany, purchased from abroad in the name of A2/Veeramani shop, in which the petitioner and his mother are also partners. On investigation, it is revealed that 45 foreign firearms brought from abroad as spare parts under the guise of sports goods by one Sulaiman Seit of Madurai, who used to reassemble them and sold 15 in the name of A2 Armoury Shop. During the investigation, the petitioner's father gave a confession statement that approximately three 0.22 CZ rifles were dealt with by the petitioner. Out of 15, so far, 13 foreign rifles, including one dealt with by the petitioner, were recovered. On the direction of this Court, the petitioner appeared and he was interrogated, but he denied knowledge of the remaining two firearms. If the petitioner is granted anticipatory bail, he would tamper with the evidence. Investigation is still pending. Hence, the anticipatory bail petition may be dismissed.

7. Heard and perused the available records. It is seen from the records that the petitioner is shown as Accused No.4 in this case. The prosecution alleged that the petitioner and his father, who are running Armory shops, purchased dismantled gun parts as if spare parts and they assembled them as guns, which is not permissible to sell as per their license. On hearing both and on perusal of records, the petitioner's father, who has been implicated as accused on the same foot in another case, has been granted bail by the Principal Sessions Court, Madurai, in 5/10

Crl.M.P.No.6544 of 2023 on 17.11.2023. Later, it was cancelled by that Court in Crl.M.P.No.3686 of 2024 on 20.01.2025. It is further clear that thereupon the petitioner's father moved with Crl.O.P.(MD)No.4606 of 2025, to set aside the cancellation of bail and this Court allowed the same on 01.04.2025 and restored the bail and released him forthwith.

8. The petitioner states that in the FIR, his name is not mentioned and subsequently, he has been falsely implicated in this case only based on the confession statement of the co-accused. Originally, the case was registered on 08.11.2023 and the investigation is stated to be pending. The petitioner further states that he has appeared before the respondent police twice on 14.07.2025 and 18.07.2025 for interrogation as directed by this Court. This fact was not disputed by the respondent police. Therefore, this Court now holds that custodial interrogation of the petitioner is not necessary. The petitioner's father is running Anissh Armoury, holding Arms & Ammunition dealership and he is a license holder for the sale of permissible rifles. It is stated that the petitioner has also been issued proper licenses and certificates and is also providing training to students for competitions in shooting. The petitioner has also produced statement of accounts showing the purchase and sale of rifles.

9. The case is registered in the year 2023, and the major part of investigation 6/10

might have been completed. The co-accused, from whom the alleged rifles were seized were granted bail by this Court in Crl.O.P(MD)Nos.16277 of 2024 and 16273 of 2024 dated 27.09.2024. The petitioner's father, who was arrayed as accused on the same foot of the petitioner, was granted bail by this Court in Crl.O.P(MD)No.4606 of 2025, dated 01.04.2025. The earlier anticipatory bail was dismissed by this Court on 24.04.2025. Thereafter, the petitioner was interrogated twice and nothing was elucidated from the petitioner, which is also admitted by the respondent police. So, there are changed circumstances from the earlier dismissal of anticipatory bail petition. The Hon'ble Supreme Court issued guidelines while considering the anticipatory bail as relied on by the petitioner's side. All the co-accused were granted bail. The petitioner assures that he will not fly away or tamper with the evidence. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with conditions.

10. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.4, Madurai on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the 7/10

satisfaction of the learned Judicial Magistrate No.4, Madurai, failing which, the anticipatory bail granted by this Court shall stand dismissed and on further condition that:

(a) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judicial Magistrate concerned may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (b) The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.4, Madurai. If the petitioner change his residential address, he shall report the same to the learned Judicial Magistrate No.4, Madurai;

(c) On release, the petitioner shall appear and sign before the Inspector of Police of respondent police station daily at 10.00 a.m. until further orders; (d) Further, the petitioner shall appear before the respondent police as and when required for interrogation;

(e) The petitioner shall not abscond either during investigation or trial and he shall cooperate for the investigation;

(f) The petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) On breach of any of the aforesaid conditions, the learned Judicial 8/10

Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and if there is any violation of condition, the Investigation Officer is within his discretion to approach the Court of the learned Judicial Magistrate, concerned for cancellation of bail as per the ruling of the Hon'ble Supreme Court reported in P.K.Shaji/Vs/State of Kerala, (2005) AIR S.C.W.5560 and;

(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 22/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD To 1.The Judicial Magistrate No.4, Madurai.

2.The Inspector of Police, C.B.C.I.D, Madurai City.

9/10

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to ANTO PRINCE G Advocate SR.No.53554(F) Date:22/08/2025

ORDER

IN CRL OP(MD) No.9943 of 2025 Date :22/08/2025 SBN/09.09.2025 10P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 10/10