Kathvarayan v. The State Rep By Its Inspector Of Polic
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Kathvarayan
...Petitioner/Accused 2
Vs.
State rep by The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.
(Crime No.152 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.152 of 2025 pending investigation on the file of the respondent police. For Petitioners :
Mr.E.Sathiyaraj For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.03.2025, seeking bail in Crime No.152 of 2025 registered for the offence under Section 325 of BNS, 2023 and Section 9(B)(1)(b) of Explosive Act, 1984. 2.It is the case of the prosecution that on 15.03.2025, the defacto complainant heard an explosion sound near his house; that he went to the scene of occurrence and found that a dog had died due to the said explosion; that after enquiry it was found that the petitioner along with the other accused had kept country made bombs without any license and when the dog was playing, all the country made bombs exploded. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that only based on the confession of A1, the petitioner is sought to be implicated in this case; and that in any case, the petitioner is in custody from 20.03.2025 and hence, further custody is not Page No.2 of 6
required and sought for bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that on the confession of A1, the petitioner is sought to be implicated.
5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the nature of allegations, period of incarceration, the fact that the petitioner is sought to be implicated on the confession of A1 and since further custody of the petitioner is not required for the purpose of investigation, 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 their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate - II, Tiruvannamalai, and on further conditions that: Page No.3 of 6
[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., until further orders; [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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
Page No.4 of 6
01.04.2025 ata Copy to:
1.The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.
2.The Judicial Magistrate - II, Tiruvannamalai. 3.Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
ata 01.04.2025 Page No.6 of 6