Kavitha v. State Of Tamilnadu Rep By Inspector Of Police, Appayanaickenpatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Kavitha ... Petitioner/Accused Vs State of Tamilnadu, Rep by Inspector of Police, Appayanaickenpatti Police Station, Virudhunagar District.
Crime No.1/2025.
... Respondent/Complainant For Petitioner : M/s.S.Prabha For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1/2026 on the file of the respondent Police.
1/6
ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 288 and 105 of BNS and Section 9 (B)(1)(a) of Indian Explosive Act, 1884, in Crime No.1 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the respondent police received secret information regarding the manufacture of crackers, pursuant to which two persons, both belonging to the State of Assam and who had come for work about a month earlier, died and were found in possession of explosive substances. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the 2/6
respondent Police submitted that the petitioner is the owner of the land. Therefore, he opposed for grant of anticipatory bail to the petitioner.
5. The petitioner has already paid compensation of Rs.5,00,000/- each, along with funeral expenses, to the victims. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Sattur, Virudhunagar District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 3/6
pass Book to ensure their identity;
(b) the petitioner shall report before the respondent police 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 and the petitioners 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]; and;
(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
(S S Y J) 08.01.2026 jbr 4/6
TO 1.The Inspector of Police, Appayanaickenpatti Police Station, Virudhunagar District.
2.The Judicial Magistrate No.I, Sattur, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
S.SRIMATHY,J jbr
ORDER
IN CRL OP(MD) No.275 of 2026 Date : 08/01/2026 6/6