Crl.O.P.No.2448 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2023

CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI

Crl.O.P.No.2448 of 2023

Syed Moosa,

S/o. Diwan Moideen

... Petitioner

Vs.

The State rep. by

The Inspector of Police,

S-8, Adambakkam Police Station,

Chennai.

(Crime No.562 of 2022)

... Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Criminal

Procedure Code to enlarge the petitioner on bail in Crime No.562 of 2022

pending on the file of respondent police.

For Petitioner

:

Mr.R.Sankarasubbu

For Respondent

:

Mr.S.Vinoth Kumar,

Govt. Advocate (Crl.Side.)

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Crl.O.P.No.2448 of 2023

O R D E R

The petitioner, who was arrested and remanded to judicial custody on

09.12.2022 for the offences under Sections 25(1-A) and 25(1B) (a) of

Arms Act, in Crime No.562 of 2022, on the file of the respondent police,

seeks bail.

2. The case of the prosecution is that the petitioner is the relative of

Managing Director of M/s. Arudhra Gold Trading Company Pvt. Ltd.,

which the company cheated so many investors and swindled their money.

During search of the petitioner's house by the Inspector of Police, Economic

Offence Wing, the Village Administrative Officers of Adambakkam and

Palavannthangal, one Ramachandran, who is father-in-law of house owner

Natarajan and one Dhivan Moideen, who is one of tenant in the said house

were also present, thereby it came to know that the petitioner was found in

possession of one walther 9 mm and 19 pistol and magazine with bullets

inside the bureau in bed room and found illegal possession of unlicensed

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Crl.O.P.No.2448 of 2023

pistol. Hence, the complaint.

3. The learned counsel for the petitioner submitted that this is the

second petition seeking for bail. He would submit that without any search

warrant, the defacto complainant entered into his house and seized valuable

things. Hence, petitioner's father lodged a complaint to higher officials that

his son was illegally detained by the respondent police. To take revenge

against the petitioner, the present false complaint has been lodged as if he is

in illegal possession of gun/pistol. Moreover, he was not present during

search made by defacto complainant and the procedure under Sec.41-A, or

50, 50A, 100 of Cr.P.C. nd D.K. Basu were violated. He would submit that

he is an innocent person and he has not at all committed any offence as

alleged by the respondent police. He would submit that he is no way

connected with the occurrence and he will abide by any condition that may

be imposed by this court. He would further submit that the investigation is

almost completed and that the petitioner has been suffering incarceration for

more than 55 days from 09.12.2022. Hence, he prayed to grant bail to the

petitioner.

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Crl.O.P.No.2448 of 2023

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that this is the second petition seeking for bail. He

would submit that the petitioner is the sole accused and no previous case

pending against him. He would submit that the defacto complainant is

Inspector of Police, Economic Offences Wing and during search of

petitioner's house, and during search the petitioner was found in possession

of Walther 9 mm and 19 pistol without any license. Hence, the same was

seized and sent for FSL. He would submit that if he is released on bail, he

would tamper the witnesses and hamper the investigation and the

investigation is almost completed. Hence, he vehemently opposed to grant

bail to the petitioner.

5. Considering the above facts and circumstances, and also the fact

that the investigation is almost completed and also considering the period of

incarceration undergone by the petitioner, this Court is incli