Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14735 of 2023 Kannan ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, Vembakottai Police Station, Virudhunagar District.

(In Crime No.197/2023).

... Respondent/Complainant For Petitioner : M/s.Wins T, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.197/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.3 herein, who was arrested on 25.07.2023 for the alleged offence under Sections 286, 304(ii) of IPC and Sections 9(B)(1)(a), 5(j)(ii) of

Indian Explosives Act, 1860, in Crime No.197 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 25.07.2023 at about 12.20 p.m., the defacto complainant/Village Administrative Officer has received the information about the fire accident at RSR Cab Fireworks, Thayilpatti, situated at Madathupatti to Thayilpatti Road. Therefore, he along with his Village Assistant went to the occurrence place and seen that two female workers dead with burn injuries. He came to know that the accused persons violated the rule and regulations, without adhering any safety measures. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He is the foreman of the factory. 4.The learned Additional Public Prosecutor submitted that the petitioner is one previous case, similar in nature.

5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 learned Judicial Magistrate No.II, Sattur, Virudhunagar District and on further condition that he must file an undertaking affidavit to the effect that he will not indulge in such activity in future and also the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 23/08/2023 / TRUE COPY / 23/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE NO.II SATTUR, VIRUDHUNAGAR DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, ARUPPUKOTTAI SUB JAIL, VIRUDHUNAGAR DISTRICT.

4 THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.WINS T Advocate SR.No.39747(F)

ORDER

IN CRL OP(MD) No.14735 of 2023 Date :23/08/2023 SS/23/08/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023