R.Saravanan v. The State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI R.Saravanan No.3/236, A Pikkampatti, Nagadasampatti, Pennagaram tk, Dharmapuri -636803 ..Petitioner(s) Vs The State rep. by the Inspector of Police Papparapatti Police Station, Dharmapuri District.
(Crime No.43 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition is filed under Section 483 of BNSS Act., 2023, to grant bail to the petitioner in Crime No.43 of 2026 on the file of the respondent police and thus render justice For Petitioner(s):
Mr.J.Bharathi Raja For Respondent(s):
Mr.V.J.Priyadarsan Government Advocate (Crl Side)
ORDER
The petitioner/Accused rank not known, who was arrested and remanded to judicial custody on 10.04.2026 for the offences punishable under Sections 3, 5 & 6 of Explosives Substances Act, 1908 and Section 125(b) of BNS, 2023 @ Sections 3, 5 & 6 of Explosives Act, 1908 and 105 of BNS, 2023 in Crime No.43 of 2026, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that A1 got Explosive Licence from the Fire Department and runs a cracker manufacturing unit in the lands belong to one Sakthivel. On the date of occurrence, one Masilamani, who was working in the Cracker unit had illegally stocked the explosive materials in a shed belonging to A2, which is 200 meters away from the licensed place. At the time of stocking the explosive materials, unexpectedly fire broke out from the shed and in the said incident Masilamani suffered grievous injuries and died after 5 days.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been implicated as accused based on the confession statement of A1. However, he has been arrested and he is languishing in jail from 10.04.2026. Therefore, he prays for grant of bail.
4. The learned Government Advocate (Crl Side) appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending.
5.Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain
conditions.
6. Accordingly, the petitioner is ordered to be released on bail, on executing 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 Judicial Magistrate, Pennagaram, and on further conditions that, (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court 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 daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;
(c) the petitioner shall not tamper with evidence or witness; (d)the petitioner shall not abscond during 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 of BNS.
06-05-2026 Index: Yes/No Speaking/Non-speaking order MTL To
1. The State rep. by the Inspector of Police Papparapatti Police Station, Dharmapuri District.
(Crime No.43 of 2026)
2. The Judicial Magistrate, Pennagaram.
3. The Superintendent, District Jail, Dharmapuri.
L.VICTORIA GOWRI, J.
MTL 06-05-2026