Vadivel v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Vadivel 2.Ramachandran 3.Jeyachandran ... Petitioners Vs The State of Tamil Nadu, Rep. By the Inspector of Police, Srivilliputhur Police Station, Virudhunagar District, (Crime No.206 of 2025) ... Respondent For Petitioners : Mr.R.Jagadeeshwaran For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.206 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 223(b) Bharathiya 1/5

Nyaya Sanhita, 2023 and Section 9(B)(1)(a) of the Indian Explosive Act, 1884, in Crime No.206 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that a restriction was imposed on the petitioners' factory from manufacturing crackers. However, on 23.04.2025, when the defacto complainant conducted an inspection of the said factory, it was operational with several employees. On seeing the Officers, the employees fled from the premises. Hence, the respondent police registered a case against the petitioners. 3.The learned counsel appearing for the petitioners that the petitioners have been falsely implicated in this case and no such occurrence as alleged by the prosecution, has been taken place.

4.The learned Government Advocate (Crl.) appearing for the respondent on instruction would submit that the petitioners are running factory without any licence. The properties involved in the case has already been seized. He objects to grant anticipatory bail to the petitioners.

5.Considering the fact that the properties involved in this case were seized by the respondent police, 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 2/5

date on which the order copy made ready, before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, on condition that the petitioners 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 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 petitioners 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 3/5

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 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1.THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR,VIRUDHUNAGAR DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, SRIVILLIPUTHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.JAGADEESHWARAN, Advocate ( SR-5354[I] dated 08/05/2025 ) 4/5

ORDER

IN CRL OP(MD) No.8547 of 2025 Date :08/05/2025 PR/28.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5