Yuvaraj vs State

G.K.Ilanthiraiyan, J

The petitioner, who was arrested and remanded to judicial custody on 09.04.2023 for the offences punishable under Sections 25(1A) of Arms Act, 1959 in Crime No.54 of 2023 on the file of the respondent police, seeks bail.

The case of the prosecution is that, petitioner was found in illegal possession of country gun and simolina balls for hunting purpose.

Hence, the case.

The learned counsel for the petitioner would submit that petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

The learned Additional Public Prosecutor would submit that petitioner was found in illegal possession of country gun and simolina balls for hunting purpose. Hence, he opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing 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\ learned Judicial Magistrate, Vaniyambadi 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 petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.