K.Ramalingam v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN K.Ramalingam
...Petitioner/Accused 2
Vs.
State rep by The Inspector of Police, Komarapalayam Police Station, Namakkal District.
(Crime No.68 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.68 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.B.Mohan 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 05.03.2025, seeking bail in Crime No.68 of 2025 registered for the offence under Section 9(B)(1)(b) of the Indian Explosives Act, 1884 @ Sections 4(b) and 5 of Explosives Act.
2.It is the case of the prosecution that on 28.02.2025 at about 5.00 p.m., the respondent and their officials conducted routine vehicle checkup; that they intercepted a vehicle bearing Registration No.TN-47-AM-5938 and found the petitioner along with the other accused in possession of 4675 kgs of Ammonium Sulphate for sale. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner is falsely implicated in this case and that the similarly placed co-accused were granted bail by this Court in Crl.O.P.Nos. 9614, 8490 & 8564 & 9608 of 2025; and that the petitioner is Page No.2 of 6
in custody from 05.03.2025 and hence further custody of the petitioner is not required and sought for bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the alleged contraband has now been seized and also confirmed the fact that the co-accused were granted bail by this Court.
5. Considering the aforesaid facts, the nature of allegations, period of incarceration, the fact that the similarly placed co-accused were granted bail by this Court in Crl.O.P.Nos.9614, 8490 & 8564 & 9608 of 2025, the contraband has been seized 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:
6.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 Page No.3 of 6
Judicial Magistrate Court, Komarapalayam, 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 report before the respondent police everyday 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
07.04.2025 rkp Copy to:
1.The Inspector of Police, Komarapalayam Police Station, Namakkal District.
2.The Judicial Magistrate Court, Komarapalayam. 3.The Superintendent of Prison, Central Prison, Namakkal.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
rkp 07.04.2025 Page No.6 of 6