T.Arasu v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/12/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN T.Arasu

... Petitioner / Accused No.3

Vs The State, through The Inspector of Police, Odaipatti Police Station, Theni District. (Crime No.148 of 2023). ... Respondent/Complainant

For Petitioner : Mr.P.Gunasekaran, Advocate.

For Respondent : Mr.R.M.Anbunithi,

Additional Public Prosecutor (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.148 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 25(1B)(a) of Arms Act, in Crime No.148 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 12.10.2023, when the respondent police was conducted a vehicle check up, the petitioner herein illegally found in possession of country made single barrel gun along with charcoal powder in a plastic cover. Hence, the case has been registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and his name has been falsely implicated in this case.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner herein was found in possession of country made single barrel gun along with charcoal powder in a plastic cover. An earlier anticipatory bail petition filed by the petitioner was dismissed by this Court vide order dated 07.11.2023 in Crl.O.P(MD) No.19897 of 2023. Hence, strongly, objected to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances and also considering the gravity of offence committed by the petitioner and there is no change of circumstances, he is not entitled for discretionary relief of anticipatory bail.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

22/12/2023

/ TRUE COPY /

/01/2024

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

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Inspector of Police, Odaipatti Police Station, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.23301 of 2023 Date :22/12/2023 ED/ JGB /SAR- (18/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023