Senthilkumar v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI

¶1Senthilkumar, S/o.Chinnaiyadevar,

¶2Ramesh @ Kalimuthu, S/o.Devaraj.

..Petitioners/ Accused Nos.1&2

Vs The State of Tamilnadu rep.by The Inspector of Police, Thiruvonam Police Station, Thanjavur District. (Crime No.124 of 2025) .. Respondent/Complainant

For Petitioner : M/s.T.Eashwar

Advocate

For Respondent : Mr.B.Thanga Aravindh

Government Advocate (Crl.Side)

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.124 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1 & 2, who was arrested and remanded to judicial custody on 27.06.2025 for the offences punishable under Sections 25(1B) (a) and 30 of Arms Act, 1959 in Crime No.124 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that based on the secret information, the respondent police on surveillance duty, at that time, they fund the petitioners who carried gun. On seeing the police officials the petitioners said to have tried to escape from the spot. On enquiry, the respondent police knows that the petitioners said to have possessed prohibited gun such as SBML, Barol and Loading rod for hunting animals. Hence, the case.

¶3The learned counsel for the petitioners would submit that there are two accused persons. The respondent police has lodged a false complaint against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 27.06.2025 nearly 24 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that on surveillance duty, the respondent police found that the petitioners were illegally possessed prohibited gun such as SBML, Barol and Loading rod for hunting animals. Those gun and other materials were seized by the respondent police. There are no previous cases against these petitioners. However, he objected to grant bail to the petitioners.

¶5Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, FIR was registered on 27.06.2025, by this time most of the investigation might have been completed, the alleged gun and other materials were recovered by the respondent police, there are no previous cases against these petitioners, the petitioners/accused No.1 & 2 remanded into judicial custody on 27.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

¶6Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Orathanadu and on further conditions that :- [a] 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Orathanadu. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate, Orathanadu; [c] the petitioners shall appear and sign before the respondent police daily at

10.30a.m until further orders; [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/-

21/07/2025

/ TRUE COPY /

/ /2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. gvn TO

¶1The Judicial Magistrate, Orathanadu.

2.Do Through The Chief Judicial Magistrate, Thanjavur District.

¶3The Officer Incharge, Sub Jail, Thanjavur.

¶4The Inspector of Police, Thiruvonam Police Station, Thanajvur District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12201 of 2025 Date :21/07/2025 SBN/22.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023