Sudakar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sudakar, S/o.Govindaraj ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

(Crime No.60 of 2025) ... Respondent/Complainant For Petitioner :

Mr.M.Pandian, Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.60 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 25(1A) of Arms Act, 1959 in Crime No.60 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.02.2025, at about 2.00 p.m., when the de-facto complainant was standing at Poosaripatti Vilakku, on the Virudhunagar National Highways Road, the accused persons were found roaming around on a two-wheeler. When the de-facto complainant questioned them, they responded in a rude manner. Upon searching their two-wheeler, the de-facto complainant found that they were in possession of a country-made pistol and five bullets. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person, and did not commit any offence as alleged by the prosecution. He has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks 2/5

anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been arrayed as A6 in this case. Except this accused, all other accused were arrested and subsequently released on bail. The entire properties have been recovered. He further submitted that there are 12 previous cases registered against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that co-accused have been arrested and released on bail, and that the entire properties have been recovered, and that as the date of occurrence is 09.02.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District and on further conditions that: 3/5

(a) the petitioner and 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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; 4/5

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

sd/- 20/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR..

3.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.10310 of 2025 Date :20/06/2025 MK/04.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5