Vinoth Kumar v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Vinoth Kumar, S/o.Rajendran 2.Mathan Kumar, S/o.Rajendran 3.Senthamil Vetripandian, S/o.Rajendran 4.Elanchezhiyan, S/o.Rajendran 5.Vijaykumar, S/o.Ramasamy 6.Manjunath Kumar, S/o.Thurkaiyandi ... Petitioners/A1 to A4, A6 & A7 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

(Crime No.215 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.K.Dinesh, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.215 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, A6 & A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 9(B)(1)(a) of Indian Explosives Substances Act, 1908 in Crime No.215 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons run a fireworks factory under the name and style of 'Sri Sandal Fire Factory'. The said factory had already been prohibited from manufacturing crackers. However, despite the prohibition, on 26.07.2025, when the de-facto complainant inspected the premises, it was found that the accused were engaged in manufacturing crackers without obtaining any permission. Hence, the case.

2/6

3. The learned counsel appearing for the petitioners submitted the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submits that there are totally seven accused persons in this case and the petitioners have been arrayed as A1 to A4, A6 & A7. A5 is still absconding. There are two previous cases registered against the 1st accused, two cases against the 2nd accused, one case against the 4th accused, and three cases against the 6th accused. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the entire properties have already been recovered, and that as the date of occurrence is 26.07.2025, by this time material part of the investigation might have been completed, and that the evidences 3/6

are based on records, this Court is of the view that custodial interrogation of the petitioners is not necessary. Hence, this court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Satthur, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 Judicial Magistrate No.II, Satthur, Virudhunagar District, 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 furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Satthur, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the 4/6

learned Judicial Magistrate No.II, Satthur, Virudhunagar District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

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

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 13/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

5/6

mkn TO 1 The Judicial Magistrate No.II, Satthur, Virudhunagar.

2 The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-8802[I] dated 14/08/2025 )

ORDER

IN CRL OP(MD) No.13050 of 2025 Date :13/08/2025 NM/03.09.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6