Sakthivel v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sakthivel S/o Sekar, No.23, Samygounder Street, Chettipalayam, Pothanur, Coimbatore.

..Petitioner(s) Vs The State Represented by:

The Inspector of Police Anamalai Police Station, Coimbatore.

Crime No.75 of 2026.

..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail pending investigation of Crime No.75 of 2026 on the file of the Respondent Police. For Petitioner(s):

M/s. I. Abrar Md Abdullah For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.02.2026 for the alleged offence under Section 5 of Explosive Substances Act and Section 9(B)(1)(b) of Explosive Act 1884 in Crime No.75 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that during the vehicle check up on 06.02.2026 at about 2 pm. at Thathur Main Road, Aanamalai Taluk, the petitioner was found to be in possession of 178 gelatine sticks, 7 electric detonators and 100 Nonel detonators. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, that he has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He would further submit that this petitioner is A1, A3 is the partner of a company namely Senthil Explosive Private Limited, where the petitioner is working. The learned counsel further submits that the said Senthil Explosive Private Limited company has got explosives license valid till 31.03.2029. It is the further submission of the learned counsel for the petitioner that the petitioner has got license under Metalliferous Mines Regulations Act 1961 for Blaster Certificate and in support of the said contention, he has also submitted the same before this Court.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and objected to grant bail to the petitioner. However, he fairly submits that there is no previous case against the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. While looking at the submissions made on either side, this court could not find any ulterior motive in possessing the explosives and there are prima facie material for the possession of explosives in accordance with rule.

7. In such view of the position, taking into consideration the long incarceration of the petitioner since 06.02.2026, this Court is inclined to grant bail to the petitioner, subject to the following stringent conditions:

8. Accordingly, the petitioner is ordered to be released on bail on his 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 No.I, Pollachi and on further conditions that: [a] 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; [b] the petitioner shall report before the respondent police daily at

10.30 a.m. for a period of 2 weeks and thereafter as and when required by the respondent police for interrogation;

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09-03-2026 MJS 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 Judicial Magistrate No.I, Pollachi.

2. The Inspector of Police, Anamalai Police Station, Coimbatore.

3. The Superintendent of Police, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 09-03-2026