A.Ragunathan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN
1. A.Ragunathan
2. A.Marimuthu ... Petitioners Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.
... Respondent For Petitioners : Mr.N.Mariappan For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.126 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A3 and A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 288 of BNS and Section 9(B)(1)(a) of Indian Explosives Act, 1884, on the file of the respondent police, seek anticipatory bail.
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2. The case of the prosecution is that on 30.04.2025, there was a fire accident in a fire crackers godown. The petitioners along with others, without any licence, illegally stored the crackers in the godown. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution, however, they have been falsely implicated in this case.
4. The learned Additional Public Prosecutor submits that on 30.04.2025, there was a fire accident in a godown, in which, the petitioners along with A1 and A2, without getting any licence, have illegally stored the fire crackers. In that incident, no one was injured and the petitioners are the owners of the building. He further submits that the first petitioner is not having any previous case and the 2nd petitioner is having one previous case of Section 4 of TNPPDL Act.
5. Considering the nature of the allegations and also considering the fact that no one was injured in that fire accident, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their 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, on condition that the petitioners shall execute a bond for a sum of 2/4
Rs.10,000/- (Rupees Ten Thousand only)each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders.
[c] the petitioners shall not tamper with 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 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]. 3/4
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
ogy TO
1. The Judicial Magistrate Court No.I, Sattur.
2. Do through the Chief Judicial Magistrate,Virudhunagar at Srivilliputhur. 3.The Inspector of Police, Elayirampannai Police Station,Virudhunagar District.
4. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.N.MARIAPPAN, Advocate ( SR-5486[I] dated 12/05/2025 ) ORDER IN CRL OP(MD) No.8439 of 2025 Date :08/05/2025 PP/27.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4