← Library
Madras High CourtCRL OP(MD)/13249/2025allowed

Sureshkumar v. Inspector Of Police,

2025-08-11Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI Sureshkumar, S/o.Ganesan,

...Petitioner/Accused

Vs The State of TamilNadu rep.by The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

(Crime No.168 of 2025) ... Respondent/Complainant For Petitioner : M/s.S.Prabha 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.168 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 9(B)(1)(a) of Indian Explosives Act, 1885 in 1/5

Crime No.168 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that without having any valid permit or license, this petitioner and another were running a Fireworks factory and manufactured crackers. Hence, the case.

3.The learned counsel for the petitioner would submit that there are totally two accused persons, this petitioner was arrayed as A1. The Accused No.2 was enlarged on bail by the learned Judicial Magistrate No.I, Sattur in Crl.MP.No.165 of 2025 dated 07.08.2025. This petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submits that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner without having any valid license or permit, manufactured crackers. The Accused No.2 was enlarged on bail by the learned Judicial Magistrate No.I, Sattur in Crl.MP.No.165 of 2025 dated 07.08.2025. The entire properties were recovered by the respondent police. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, and taking into account of the fact that the second accused was enlarged on bail by the learned Judicial 2/5

Magistrate No.I, Sattur in Crl.MP.No.165/2025 dated 07.08.2025, the entire properties were recovered by the respondent police, there is no previous case against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the 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 learned Judicial Magistrate No.I, Sattur, 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 Judicial Magistrate No.I, Sattur, 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Sattur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Sattur;

(c) the petitioner shall appear and sign before the respondent police daily at 3/5

10.30.a.m., until further orders;

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

(e) the 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 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 11/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 The Judicial Magistrate No.I, Sattur.

2 The Inspector of Police, Elayirampannai Police Station, Virudhunagar District. 4/5

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

ORDER

IN CRL OP(MD) No.13249 of 2025 Date :11/08/2025 NBF/SAR- /28/08/2025/ 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5