Muthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Muthu ... Petitioner/Accused No.1 Vs The State of Tamilnadu, represented by its The Inspector of Police, Malli Police Station, Virudhunagar District.

(Crime No.94 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.94 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 288 BNS, 2023 and Section 9(B)(1)(a) of the Indian Explosives Act 1884 in Crime No.94 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that on 31.07.2025, on receipt of secret information, the defacto complainant, who is the Village Administrative Officer, went to the occurrence spot at Aathiparasakthi Nagar and found that the petitioner and the other accused were illegally manufacturing crackers without license. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are totally two accused, the petitioner arrayed as A1, that the petitioner and the other accused had illegally manufactured crackers and that the properties were recovered by the respondent police. He would further submit that the second accused was already arrested and released on bail by the learned Principal Sessions Judge, Srivilliputhur and that the petitioner is not having any previous cases. However, he opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case, and also considering the facts that the properties have already been recovered, that the second accused was already released on bail and that the petitioner is not having any bad antecedents and taking note of the fact that most of the investigation might have been completed by this time, 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 anticipatory 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 Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District 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 contact number to the learned Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District. In the 3/5

event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District; (c) the petitioner shall report before the respondent police daily at 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/- 12/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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csm TO 1 The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District. 2 The Inspector of Police, Malli Police Station, Virudhunagar District. 3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-8779[I] dated 13/08/2025 )

ORDER

IN CRL OP(MD) No.13414 of 2025 Date :12/08/2025 NBF/02/09/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5