Balamurugan v. State Rep By,The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Balamurugan Petitioner(s) Vs State Rep By, The Inspector of Police Mappedu Police Station, Tiruvallur Crime No.303 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of B.N.S.S., 2023, to enlarge the respondent police pending on the file of the respondent and pass such other or further orders as this Hon'ble Court. For Petitioner(s):
Mr.R.Parthiban For Respondent(s):
Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
ORDER
The petitioner / Accused, who was arrested and remanded to judicial custody on 02.12.2025 for the offence punishable under Sections 288, 132 of BNS read with 9(B)(1)(1)(a) of Explosive Substance Act, in Crime No.303 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was in possession of unauthorized country bombs. The police arrested the petitioner and the country bombs were seized from him. Hence, this case.
3. The learned counsel for the petitioner would contend that the petitioner was falsely implicated as an accused in this case. He is an innocent and nothing to do with the alleged offences. He is in judicial custody from 02.12.2025. Therefore, prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and submitted that the country bombs had already been seized. He further submitted that the investigation is still pending and also submitted that the petitioner has no previous case pending against him.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of offences, considering the period of incarceration of the petitioner from 02.12.2025 and also considering the fact that there is no previous case pending against this petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.II, Tiruvallur and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders;
[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpl Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.II, Tiruvallur.
2.The Superintendent, Central Prison-II, Puzhal, Chennai 3.The Inspector of Police Mappedu Police Station, Tiruvallur 4.The Public Prosecutor, High Court of Madras, Chennai
P.DHANABAL J.
rpl 26-12-2025