Karthick v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Karthick, S/o.Subbaiyan, : Petitioner/Sole Accused Vs The State of Tamilnadu rep.by the Inspector of Police, Vedasandur Police Station, Dindigul District.

(Crime No.162 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Azhagesh, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.162 of 2025 on the file of the Respondent Police. ORDER: This Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial 1/6

custody on 30.04.2025 for the offences punishable under Section 25(1A) of Arms Act 1959, in Crime No.162 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 30.04.2025, while the respondent police were on routine patrol duty, they observed the petitioner approaching on a twowheeler. On seeking the police, the petitioner tried to escape from the place. However, the respondent police caught him and they found that the petitioner was in possession of a No. 200 automatic pistol, marked as "Made in USA," along with one fired cartridge and a total of seventeen live cartridges. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He further submitted that the petitioner is in custody from 30.04.2025, more than 94 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that this is the second bail application and the earlier petition for bail in Crl.OP(MD)No.8858 of 2025 was dismissed by this Court on 03.06.2025. He further submitted that on 2/6

30.04.2025, when the respondent police was in routine patrol duty, they found that the petitioner was in possession of a No. 200 automatic pistol, marked as "Made in USA," along with one fired cartridge and a total of seventeen live cartridges. He further submitted the properties have already been recovered and the investigation is pending.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the entire properties have been recovered and the occurrence had taken place on 30.04.2025, by this time most of the investigation might have been completed and also considering the fact that the petitioner/Accused is in judicial custody from 30.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate, Vedasandur and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/6

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 contact number to the learned Judicial Magistrate, Vedasandur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Vedasandur; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30 pm., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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]. 4/6

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Vedasandhur.

2. Do through the Chief Judicial Magistrate, Dindigul.

3.The Superintendent, Central Prison,Madurai.

4.The Inspector of Police, Vedasandur Police Station, Dindigul District..

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

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ORDER

IN CRL OP(MD) No.13118 of 2025 Date :06/08/2025 PS/SAR.06.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6