← Library
Madras High CourtCRL OP/2087/2026granted

A.C.Kumar v. The State Represented By

2026-02-13Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR A.C.Kumar ... Petitioner in Crl.O.P.No.2087 of 2026 Sugavanam Palaniswamy ... Petitioner in Crl.O.P.No.2317 of 2026 Vs.

The State Rep. By, The Inspector of Police, Velur Police Station, Namakkal District.

Crime No.04 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.04 of 2026 on the file of the respondent police.

For Petitioner in Crl.O.P.No.2087 of 2026:

Mr.K.R.Samratt For Petitioner in Crl.O.P.No.2317 of 2026:

Mr.S.Chella Arumugam For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 288, 125(a) of BNS, 2023, Sections 3, 4(a) and 5 of the Explosive Substances Act, 1908 and Section 9(B)(i)(b) of the Indian Explosives Act, 1884 in Crime No.04 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioners are the dealers of gelatin sticks and supplied the same to A3 and A4 for the purpose of quarrying activities. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners had supplied the gelatin stick, however they were not aware about the same was misused by other accused. He further submitted that co-accused has been arrested and released on bail. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have no previous case. However, he opposed for grant of bail to the petitioners.

5. Considering the nature of allegations and the fact that the petitioners have no previous case and also the fact that, co-accused in this case has been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6. Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramathi, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall 3/6

stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioners 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;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.02.2026 sma 4/6

To

1. Judicial Magistrate, Paramathi.

2.The Inspector of Police, Velur Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras.

5/6

K.RAJASEKAR, J.

sma 13.02.2026 6/6