Vivek @ Vivek Kannan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.06.2026 PRESENT THE HONOURABLE MR. JUSTICE K.RAJASEKAR Vivek @ Vivek Kannan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Rajapalayam South Police Station, Virudhunagar.

(Crime No. 346 of 2026)

...Respondent

For Petitioner : Mr.M.Ananthkumar Advocate.

For Respondent : Mr.I.Murugesan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 346 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 288 of BNS r/w 9(B)(1)(a) of the Indian Explosive Act, 1984 in Crime No. 346 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.06.2026, based on the secret information, when the defacto complainant, along with his team, was conducted a search, and they found that the petitioner was in illegal possession of explosive substances. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He further submitted that for making crackers, the substances were kept in care and caution and he is ready to cooperate with the investigation. Hence, he prayed to grant Anticipatory Bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 288 of BNS r/w 9(B)(1)(a) of the Indian Explosive Act, 1984 in Crime No. 346 of 2026. He further submitted that the petitioner has no previous case and the substances have been recovered. He further submitted that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that though the petitioner was holding explosive substances, it was kept for making crackers and also the substances have been recovered and the petitioner has no previous case, I am of the view that custodial interrogation is not necessary in this case and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following 3/6

conditions:

[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Rajapalayam, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of two weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall cooperate with the investigation. [d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

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[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial 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 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

29.06.2026 apd To 1.The Judicial Magistrate, Rajapalayam, Virudhunagar. 2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar.

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

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K.RAJASEKAR, J apd

ORDER

IN CRL OP(MD) No. 12628 of 2026 Date : 29.06.2026 6/6