Santhu @ Santhakumar v. State, Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NOS.25632 and 25634 of 2025

1. Santhu @ Santhakumar ... Petitioner in Crl.O.P.No.25632 of 2025

2. R. Balaraman ... Petitioner in Crl.O.P.No.25634 of 2025 Vs The State rep. by, The Inspector of Police, Madukkarai Police Station, Coimbatore.

(Crime No.318 of 2025) ... Respondent PRAYER : Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners/accused in the event of arrest by the respondent police in Crime No.318 of 2025 registered on the file of the respondent police. For Petitioner in Crl.O.P.No.25632 of 2025 : Mr. Asai Thambi P For Petitioner in Crl.O.P.No.25634 of 2025 : Mr. Bharani K For Respondent(s) : Mr. S. Udayakumar Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 5 of Explosive Substances Act, 1908 in Crime No.318 of 2025, registered on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that on 26.08.2025, based on a secret information, the respondent police went to Marappalam to Ettimadai Service Road, near Alpari Hotel and intercepted a bolero pick up vehicle bearing Registration No.TN-25-BK-3979; that on inspection of the vehicle, they found 75 boxes of Gelatin sticks (each box contains 200 nos. Gelatin sticks) were illegally transported in the said vehicle without any valid permit for the purpose of selling the same to quarries illegally; that upon confession of the arrested accused, it is revealed that the petitioner/ Santhu @ Santhakumar, who is employed under the petitioner/ R. Balaraman, who is the owner of the said vehicle and also running a company under the name and style of M/s. Sri Arunachala Explosives joined hands with other accused had involved in the aforesaid offence. Hence this case. 2/6

3.

The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they were falsely implicated in this case. They further submitted that the petitioner/ Balaraman is having valid license to transport explosive substances in his bolero pick up vehicle and also having valid GST bill, invoice and valid pass to transport the materials and the petitioner/ Santhu @ Santhakumar is employed under the said Balaraman. They further submitted that the petitioner/ Balaraman purchased the said explosive materials on 25.08.2025 at Kerala and the same was transported to his premises at Thiruvannamalai, however the respondent have falsely presumed that the said explosives were taken from Thiruvannamalai to Kerala for the purpose of selling it. They further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners, reiterated the prosecution case and stated that there are totally 7 3/6

accused involved in this case and the petitioners herein are arrayed as A3 to A7; that the petitioners along with other accused have involved in illegal transportation of explosive substances to Kerala in a bolero pick up vehicle without any valid licence and also violating the permit norms of the said vehicle for the purpose of illegal sales to quarries for monetary gain. He further submitted that the petitioner/ Balaraman is having documents to show that he had purchased 1250 kilograms of explosives (gelatin sticks) on 25.08.2025 at Kerala from Jyothis Expo Private Limited, however totally 1650 kilograms of explosives were brought to Salem and it was once again transported back to Kerala for selling the same for higher price, that too by violating the permitted carrying capacity of the vehicle; and that the investigation of this case is pending.

5.

I have considered the submissions made on either side and perused the materials available on record. Though, the learned counsels for the petitioners submitted that the explosives were purchased at Kerala on 25.08.2025 and the same was transported to Thiruvannamalai, but the seizure was effected on 26.08.2025 and the statement of the arrested accused state that the explosives were transported from Salem to Kerala. 4/6

Further, huge quantity of explosives were illegally transported in a vehicle more than its prescribed carrying capacity, hence it is a clear case of manipulation of records and violation of permit conditions. 6.

Considering the above facts, gravity of offence, serious nature of allegation against the petitioners, huge quantity of explosives were illegally transported and taking note of the fact that the investigation of this case is pending, this Court is not inclined to grant anticipatory bail to the petitioners.

7.

Accordingly, these criminal original petitions stand dismissed. 05.11.2025 stn 5/6

K. RAJASEKAR, J.

stn To

1. The Inspector of Police, Madukkarai Police Station, Coimbatore.

(Crime No.318 of 2025)

2. The Public Prosecutor, High Court of Madras.

CRL OP NOS.25632 and 25634 of 2025 05.11.2025 6/6