Thangapandi v. The State Of Tamilnadu Rep.By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14932 of 2025 Thangapandi ..Petitioner/ Accused No.1 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.181 of 2025) Respondent(s) For Petitioner(s):

Mr.R.Senthil Kumar For Respondent(s):

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.181 of 2025 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- This is the second application. The petitioner/A1, who apprehends 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, seeks 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, A2 and A3 were drying chemical mix without any permission. Hence, the case.

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3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is clearing the ill stock. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) vehemently opposed stating that this is the second application and there is no change in circumstances.

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 3/8

the petitioner is clearing the ill stock, 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 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, Sivakasi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 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.I, Sivakasi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression 4/8

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, Sivakasi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Sivakasi; (c) the petitioner shall report before the respondent police daily Morning at 10.30 a.m., until further orders and cooperate with the investigation and the petitioner shall not open the factory without getting license;

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

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(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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To 1.The learned Judicial Magistrate No.I, Sivakasi 2.The Inspector Of Police, Maraneri Police Station, Virudhunagar District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14932 of 2025 Date : 10/09/2025 8/8