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Judgment
M.Jothiraman, J
The petitioner, who was arrested and remanded to judicial custody on 10.12.2025 for the offence punishable under Section 25(1)(A) of the Arms Act, in Crime No.377 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that when the respondent police were on patrolling duty, the petitioner along with other accused was found to be in illegal possession of sward and threatened the general public. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready to abide any condition to be imposed by this Court. Hence, he seeks bail to the petitioner.
4.The learned Additional Public Prosecutor submitted that the petitioner has nine previous cases.
5.Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6.Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi, 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Paramakudi .
[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Paramakudi.
[d] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
