Rajesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Rajesh ... Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Ambasamuthiram Police Station, Tirunelveli District.

(Crime No. 148/2024.) ... Respondent/Complainant For Petitioner :

Mr.S. Muniyandi. Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 148 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent 1/5

Police, in connection with a case in Crime No.148 of 2024, for the offence punishable under Section 25(1B) (a) of Arms Act, has filed this petition seeking anticipatory bail. 2.The case of the prosecution is that on 14.03.2024, the first and second accused were found in possession of country made Pistol with six unused cartridge and one used cartridge without any valid license, which are procured from the petitioner and he is said to have made guns in his Lathe. Hence the case.

3. Considering the nature of offence, the earlier application filed by this petitioner was dismissed.

4.The learned counsel appearing for the petitioner submits that the petitioner is ready to co-operate for the investigation and also file an affidavit of undertaking before the respondent police that he will not indulge in any offence in future. He further submits that he is ready to offer local sureties to ensure his availability for trial and also before the respondent police. He has also placed the undertaking affidavit filed by one Sathish Kumar and one Koothaperumal of Theni. 5.Considering the submissions made on behalf of this petitioner, considering the fact that though the earlier application filed by this petitioner was dismissed on 26.07.2024, the respondent police is not in a position to secure the petitioner and no purpose would be served in dismissing the applications filed by this petitioner repeatedly, this Court is inclined to grant anticipatory bail to the 2/5

petitioner.

6.Accordingly, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the Judicial Magistrate Court, Ambasamuthiram, on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakh) with two local sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambasamuthiram and on further conditions that i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall file an affidavit before the respondent police that he will not indulge in any offence in future. iii. The respondent police shall verify the availability of this petitioner and his profession periodically.

iv. The petitioner shall appear before the respondent police daily at 10.30 am for a period of 45 days.

v. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the 3/5

prosecution witnesses. The petitioner shall be available for the trial as well.

vi. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 11/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate, Ambasamuthiram.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Ambasamuthiram Police Station, Tirunelveli District.

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-11148[I] dated 11/09/2024 ) 4/5

ORDER

IN CRL OP(MD) No.15085 of 2024 Date :11/09/2024 ED/ JGb /SAR- (20/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5