Madras High CourtCRL OP(MD)/13408/2025partly allowed

Thangapandi v. The State Of Tamilnadu Rep.By

2025-08-12Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Thangapandi 2.Balamurugan 3.Senthilkumar @ Senthil ... Petitioners/ Accused 1to3 Vs The State of Tamilnadu Rep by The Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.181 of 2025) ... Respondent/ Complainant For Petitioners : Mr.R.Senthilkumar, 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.181 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 9(B)(1)(a) of the Indian Explosives Act 1884 in Crime No.181 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to the accident happened on 25.05.2025 in the first petitioner's fireworks, namely, Ganeshwari Fireworks, the said fireworks license was cancelled and that on 31.07.2025, on receipt of information, the defacto complainant, who is the Village Assistant, went to the said fireworks, where, the petitioners 2 and 3 were drying chemical mix without any permission. Hence, the case.

4. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He would further submit that the petitioners are no way connected with the case, a false case has been lodged as against the petitioners and that the petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners. 2/6

5. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are totally three accused, the petitioners arrayed as A1 to A3, that though the first petitioner's fireworks licence was cancelled, the petitioners without getting any permission had drying chemical mix and that the first petitioner is the owner of the fireworks. He would further submit that the first petitioner is having three previous cases similar in nature and the petitioners 2 and 3 are not having any previous cases. However, he opposed to grant anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, and also the fact that the first petitioner is having three previous cases similar in nature, this Court is not inclined to grant anticipatory bail to the first petitioner. However, taking note of the facts that the petitioners 2 and 3 are not having any previous cases and that by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3, subject to certain conditions.

7. Accordingly, the petitioners 2 and 3 are ordered to be released on anticipatory bail in the event of their arrest or on their appearance, within a period of 3/6

fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.1, Sivakasi on condition that the petitioners 2 and 3 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.1, Sivakasi and on further conditions that:

(a) the petitioners 2 and 3 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 2 and 3 shall furnish their residential address and contact number to the learned Judicial Magistrate No.1, Sivakasi. In the event of any change in their residential address, the petitioners 2 and 3 shall report the same to the learned Judicial Magistrate No.1, Sivakasi;

(d) the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 2 and 3 shall not abscond either during investigation or trial; 4/6

(f) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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.

8. Accordingly, this Criminal Original Petition is dismissed as against the first petitioner and allowed in respect of petitioners 2 and 3. 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.

CSM TO

1. The Judicial Magistrate No.1, Sivakasi.

5/6

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

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

+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-8725[I] dated 12/08/2025 )

ORDER

IN CRL OP(MD) No.13408 of 2025 Date :12/08/2025 AS/02.09.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6