Moorthy v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

30.06.2026 for the alleged offence under Sections 288, 125(a), 326(g) of BNS read with 9(B)(1)(b) of the Explosive Act, in Crime No.92 of 2026 on the file Page2 of 5 of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner is a Village Administrative Officer. On the date of the alleged occurrence, the petitioner allegedly handled firecrackers in a negligent manner, which resulted in a fire, causing injuries to more than 20 persons and the death of one person. Hence, the complaint.

¶3The learned counsel appearing for the petitioner submitted that the petitoner was arrested and remaned to judicial custody since 30.06.2026 and that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there is no criminal antecedents against this petitioner. However, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6Considering the facts and circumstances of the case; and taking note of the submissions made by the learned Government Advocate (Crl.Side), it is seen that the petitioner has no criminal antecedents. Taking into consideration the period of incarceration since 30.06.2026, this Court is of the firm view that his further custodial interrogation is not required. Hence, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Chidambaram, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, Page4 of 5 the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-07-2026 DRL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.The Judicial Magistrate, Chidambaram.

2.The Inspector of Police Killai Police Station, Chidambaram Taluk, Cuddalore District.

3.The Superintendent, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19915oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o19915oofo2026 24-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Moorthy S/o.Mani, No. 95B, Mariyamman Koil Street, Kuchipalayam, Chidambaram Taluk, Cuddalore District. ..Petitioner(s) Vs The State Rep by The Inspector of Police Killai Police Station, Chidambaram Taluk, Cuddalore District. Crime No.92 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.92 of 2026 on the file of respondent police, on such terms and conditions as this Hon'ble Court may deem fit and proper in the circumstances of the case For Petitioner(s): Mr.C.Muthukumar For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)