Punitharaj v. State Of Tamilnadu Rep By Inspector Of Police, Kalugumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.03.2026 PRESENT The HONOURABLE Mr.JUSTICE. K.K.RAMAKRISHNAN CRL.OP.(MD).No.4893 of 2026 1.M.Punitharaj 2.M.Ponnammal ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by the Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

(Crime No.78 of 2026) ... Respondent For Petitioners : Ms.Maria Vinola For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER in all cases :- For Anticipatory Bail in Crime No. 78 of 2026 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9(B)(1)(a) of the Explosive Act, in 1/5

Crime No.78 of 2026, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the A1 is found with materials to manufacture the fire crackers without any license. After the statement obtaining from A1, it is found that the petitioner said to have supplied the materials and also to manufacturing the fire crackers illegally. Hence, the case has been registered for the above said offences.

3.The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and they are innocent persons. The only available to foist the case against the petitioners is the confession statement of A1. He was also not arrested. Hence, he seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent on instructions opposed the grant of anticipatory bail to the petitioners. He would also submitted that due to the health condition of A1, he was not arrested. But he disclosed the fact that the petitioners alone supplied the materials to manufacture the crackers illegally. But, there is no previous 2/5

case pending against them.

5.Considering the facts and circumstances of the case, even as per the FIR the petitioners are not present in the place of occurrence and the only material available is the statement of A1, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate No.I, Kovilpatti, within a period of fifteen days from the date on which the order made ready and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of fifteen days, thereafter, as and when required for interrogation.

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

[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

06.03.2026 TM To 1.The Judicial Magistrate No.I, Kovilpatti 2.The Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN,J TM

ORDER

IN CRL OP(MD) No.4893 of 2026 Date : 06.03.2026 5/5