Vellaisamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Vellaisamy 2.Muthu Ramalingam ... Petitioners/A1 & A2 Vs The State of Tamil Nadu Rep.By, The Inspector of Police, Vembakkottai Police Station, Vembakottai, Virudhunagar District.
(Crime No.244 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Senthil Prabhakar Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.244 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 9(B)(1)(a) of the Indian Explosives Act, 1884, in Crime No.244 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners' Fireworks company was running and their employees were manufacturing the crackers without license. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted 2/7
that the investigation is almost completed and there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed and there are no previous cases pending against the petitioners, 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 Court No.II, Sattur, 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 Court No.II, Sattur, Virudhunagar District, failing which, the petition for anticipatory bail shall stand dismissed and on further 3/7
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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police daily at 05.30 p.m., until further orders [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the 4/7
petitioners is 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
7. Accordingly, this Criminal Original Petition is allowed. (S S Y J) 03.09.2025 vsg 5/7
To 1.Thelearned Judicial Magistrate Court No.II, Sattur, Virudhunagar District, 2.The Inspector of Police, Vembakkottai Police Station, Vembakkottai, Virudhunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J vsg
ORDER
IN 03.09.2025 7/7