BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14873 of 2011 M. SUNDARAMOORTHY ... PETITIONER/ACCUSED NO.3 Vs STATE REP BY THE INSPECTOR OF POLICE CUDALOOR NORTH POLICE STATION, THENI DISTRICT IN CRIME NO.62/2011, ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J.LAWRANCE Advocate For Respondent : Mr.K.S.DURAIPANDIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 3 r/w 25(1)(B) of Arms Act in Crime Number 62 of 2011 on the file of the respondent police, the petitioner/accused has approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.According to the submission of the learned counsel for the petitioner, the petitioner is ranked as A-3 in this case and accusation is that he has sold the country gun to the second accused. He would further submit in his argument that the co- accused namely A-4 was granted anticipatory bail and the accusation against him is that he has sold a country gun to first accused. He would further submit that A-1 and A-2 were also granted regular bail and there is no involvement of the petitioner in this case. However, the case has been foisted against him . He would further request this Court that the petitioner may be granted anticipatory bail. 4.The learned Additional Public Prosecutor would submit in his argument that the possession of any gun without any licence is an offence and it is a serious one in nature and https://hcservices.ecourts.gov.in/hcservices/ investigation is also pending and therefore there is no question of granting of any anticipatory bail. 5.Considering the submissions made by both sides, I could see that the main accused A-1 and A-2 were granted regular bail by the learned Sessions Judge and 4th accused was granted anticipatory bail, who is standing on the similar footing with that of the petitioner. Considering the facts and circumstances of the case, this Court feels that imposing of stringent conditions would suffice for securing his presence for the investigation. Moreover guns were already seized and they are not in possession of the petitioner and therefore, the petitioner is granted anticipatory bail. 6.Accordingly, the petitioner is granted anticipatory bail in the event of arrest or on his appearance before the concerned Judicial Magistrate and on executing a bond with two sureties for Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned Judicial Magistrate, Uthamapalayam, Theni District and on further condition that the petitioner shall report before the respondent police every day at 10.30 a.m until further orders; and the petitioner shall appear before the concerned Magistrate within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 01/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE UTHAMAPALAYAM , THENI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI 4.THE INSPECTOR OF POLICE CUDALOOR NORTH POLICE STATION, THENI DISTRICT. +1. CC to M/S. J.LAWRANCE Advocate SR.No.42308 rl/6c – 7.12.2011 ORDER IN CRL OP(MD) No.14873 of 2011 Date :01/12/2011 https://hcservices.ecourts.gov.in/hcservices/