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2025 DAILYLAW 70960 (MAD)

BASAPPA v. The State of Tamil Nadu Rep by, The Inspector of Police,

CRL OP/18520/2025 · 2025-07-01

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18520 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 18520 of 2025 BASAPPA Petitioner Vs The State of Tamil Nadu Rep by, The Inspector of Police, Anjetty Police Station, Krishnagiri District. Cr.No.80/2025. Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail pending investigation in Cr.No.80/2025 on the file of the respondent police. For Petitioner: Mr.R.Selvakumar For Respondent: Mr.R.Vinothraja Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis CRL OP No. 18520 of 2025 ORDER This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.05.2025, seeking bail in Crime No.80 of 2025 registered for the offence under Sections 25(1A) for violation of Section 7 of the Arms Act. 2. The case of the prosecution is that, the petitioner was found in unlawful possession of two country made gun. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner is in custody from 20.05.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that on the occurrence date, the petitioner has illegally kept two country made guns without valid license and permit and that the respondent https://www.mhc.tn.gov.in/judis CRL OP No. 18520 of 2025 police has seized the above said guns from the petitioner and case has been registered against the petitioner. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6.Considering, the nature of allegation; the fact that the gun has been seized; that the period of incarceration; and since it is seen that the petitioner is inherited the lands which are adjacent to the forest area and his grand father was having a riffle which was at home and which is now projected as the petitioner has in possession of the riffle. No doubt it was the country made gun which was placed in the show case and it is not in working condition. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on is executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with https://www.mhc.tn.gov.in/judis CRL OP No. 18520 of 2025 two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thenkanikottai, KRGI District 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 everyday at 10.30 a.m., for a period of three 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 18520 of 2025 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 01-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 18520 of 2025 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The State of Tamil Nadu Rep by, The Inspector of Police, Anjetty Police Station, Krishnagiri District. Cr.No.80/2025. 2.The Judicial Magistrate, Thenkanikottai, KRGI District. 3.The Sub-Jail, Dharmapuri 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18520 of 2025 M.NIRMAL KUMAR J. gbi CRL OP No. 18520 of 2025 01-07-2025 https://www.mhc.tn.gov.in/judis