Mr.Janarthanam @ Janarthan v. The Inspector Of Police,

Crl.O.P.No.20277 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 4(b), 5 of Explosive Substances Act and 9(B) (1) (b) of Indian Explosives Act in Crime No.580 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the complaint was lodged by the Village Administrative Officer alleging that some electric detonator sticks were found in the shop of A1 and when he enquired about the same, he came to know that license was not available with A1 and he deposed that the said explosives were purchased from A3 for the use of quarry belonging to the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and based upon the confession statement of the co-accused,

he has been falsely implicated in this case. He would further submit that A1 has been arrested and released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that A1 was in possession of explosives purchased from A3 for the use of quarry belonging to the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. .

5. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Principal District & Sessions Judge, Perambalur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction

of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

[d] the petitioner shall not abscond 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

G.K.ILANTHIRAIYAN, J.

Anu 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 abscond, a fresh FIR can be registered under Section 229A IPC.

26.08.2022 Anu Crl.O.P.No.20277 of 2022