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Madras High CourtCRL OP(MD)/9574/2025partly allowed

Ramalakshmi v. The State Of Tamil Nadu

2025-06-23Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Ramalakshmi, W/o.Ravikumar 2.Thomas @ Michael Thomas, S/o.Jesuraj ... Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

(Crime No.333 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Anandhakumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.333 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 9(B)(1)(a) of the Indian Explosives Act, 1884 in Crime No.333 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 2nd accused runs a fireworks factory under the name and style of 'Sreenithi Fireworks'. The said factory had already been prohibited from manufacturing crackers. However, despite the prohibition, on 09.05.2025, when the de-facto complainant inspected the premises, it was found that one Muthukumar had taken the said factory on lease and that the accused were engaged in manufacturing crackers without obtaining any permission and without adhering to any safety measures. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are 2/6

innocent persons and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He however submits that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the petitioners have been arrayed as A2 and A3 in this case. A1 was arrested and subsequently released on bail. A4 has been granted anticipatory bail by this Court. He further submitted that there are five previous cases registered against the 1st petitioner/A2, and there are no previous cases registered against the 2nd petitioner/A3. However, he strongly opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and taking note of the fact that there are five previous cases registered against the 1st petitioner, this Court is not inclined to grant anticipatory bail to the 1st petitioner/A2 at this stage. However, considering the fact that there are no previous cases registered against the 2nd petitioner/A3, and that one of the co-accused was arrested and subsequently released on bail, and one of the co-accused was granted anticipatory bail by this 3/6

Court, this Court is inclined to grant anticipatory bail to the 2nd petitioner/A3, subject to certain conditions.

6. Accordingly, the 2nd petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.2, Sivakasi, Virudhunagar District on condition that the 2nd 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 Judicial Magistrate No.

2, Sivakasi, Virudhunagar District and on further conditions that: (a) the 2nd 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 pass Book to ensure their identity; (b) the 2nd petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.2, Sivakasi, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the 2nd petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the 2nd petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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]; and; (g) if the accused/2nd petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

7. Accordingly, this Criminal Original Petition is dismissed as against the 1st petitioner/A2 and is allowed as against the 2nd petitioner/A3. sd/- 23/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1.The Judicial Magistrate No.2, Sivakasi, Virudhunagar District.

2. Do Through The Chief Judicial Magistrate, Virudhunagar District @ Srivilliputhur.

3.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

+1 CC to M/s.S.ANANDHAKUMAR, Advocate ( SR-6671[I] dated 24/06/2025 )

ORDER

IN CRL OP(MD) No.9574 of 2025 Date :23/06/2025 HPS/10.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6