Elayaraja v. State

Crl.O.P.No.28916 of 2023 C.V.KARTHIKEYAN, J.

The petitioner / A1, who was arrested and remanded to judicial custody on 30.11.2023 for the offences punishable under Section 286 IPC and Section 5 of Explosive Substance Act, 1908 in Crime No.976 of 2023, seeks bail.

2.It is the contention of the learned counsel for the petitioner that the petitioner was a driver of the lorry bearing Registration No.TN22-CX-8616, which was coming from Dharmapuri and going towards Salem. It had been intercepted by the respondent and when the lorry was searched, it was found there were 19,700 Gelatin Gel pieces weighing 2500 Kgs and 950 Electric Detonators in printed card board boxes. 3.The learned counsel for the petitioner stated that the petitioner is innocent of the alleged offences. He did not know the nature of cargo, which was transported and he was only a driver of the vehicle. 1/2 https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN , J.

smv 4.On the side of the respondent, a counter had been filed wherein, it had been stated that the materials were to be transported to Kerala on the directions of one George. It is also stated that previously at least six times explosive substances have been transported to Kerala. It is stated that the role of other accused will have to be verified and investigated. It is also stated that on the confession of this petitioner, a Nokia Button Cell phone had also been recovered and seized. 5.Taking all these factors into consideration and the nature of cargo, which had been seized, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 12.01.2024 smv Crl.O.P.No.28916 of 2023 2/2 https://www.mhc.tn.gov.in/judis