Mariyappan v. The State of Tamilnadu Rep by the Inspector of Police, Sivakasi East

ORDER The petitioner apprehends arrest for the alleged offence under Sections 288 of BNS Act, 2023, r/w Section 9(B)(1)(a) of Indian Explosives Act, 1884, in Crime No.341 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner, along with the other accused, is involved in the illegal manufacturing of crackers. On prior information, the officials inspected the premises and seized 15 kg of materials used for cracker manufacturing, along with some finished crackers. Hence, a case has been registered.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is only the owner of the premises and had already let out the property on rent to A1, and the same is also reflected in the FIR. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Counsel For State of TN (Crl.Side) appearing for the respondent police, reiterated the prosecution case, and on instructions, reported that the investigation is at preliminary stage and the petitioner has 3 previous cases similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5I have gone through the FIR and also the connected materials and it reveals that the petitioner is only the owner of the premises, which had already been leased to A1 and the same is also mentioned in the FIR, this Court is inclined to grant anticipatory bai to the petitioner, subject to certain conditions. [a] 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of two weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

09.07.2026 dss To

1.The Judicial Magistrate No.II, Sivakasi.

2.The Inspector of Police, Sivakasi East, Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.13732 of 2026 Date : 09/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Mariyappan ... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep By, The Inspector of Police, Sivakasi East, Police Station, Virudhunagar District. (Crime No.341 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.341 of 2026 on the file of the respondent Police. For Petitioner : R.Ilayaraja, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side)