Jeyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Jeyaraj, ... Petitioner/Accused No.1 Vs The Inspector of Police, Malli Police Station, Virudhunagar District.

(Crime No.97 of 2024).

... Respondent/Complainant For Petitioner : M/s.K.Sudalaiyandi, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.97 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 288, 105 of BNS, 2023 and Section 9 (B)(1)(a) of the Indian Explosives Act, 1884 in Crime.No.97 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that at the time of unloading raw materials for making explosives in Jeyanthi Fire Works Company belonging to the petitioner, suddenly the raw materials exploded and that two persons died. Hence, the complaint. Hence, the complaint.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police and perused the materials available on record.

4. Considering nature of allegations against the petitioner that the petitioner is the owner of the cracker unit, whereunder while unloading the explosives, there has been an explosion resulting in death of two persons and considering the argument of the learned counsel for the petitioner that already a compensation amount of Rupees Rs.5,50,000/- each is paid to the families of both the dead persons and considering the age of the petitioner, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions:

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a 2/5

copy of this order, before the learned Judicial Magistrate No.II, Srivilliputur, Virudhunagar District on condition that the 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 learned Magistrate concerned and on further conditions that:

(a) the 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 petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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; 3/5

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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

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

+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-10891[I] dated 04/09/2024 ) 4/5

ORDER

IN CRL OP(MD) No.14564 of 2024 Date :04/09/2024 PSP/ VR /SAR /24.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5