Balakrishnan v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Balakrishnan, S/o.Daniyel, 107/13, Kumaranvilai, Idatchivilai, Sattankulam Taluk, Thoothukudi District.. ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Thattarmadam Police Station, Thoothukudi District. Cr.No.239/2026.. ... Respondent/Complainant For Petitioner : Mr.T.A. Ebenezer, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Cr.No.239 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 13.07.2026 for the offences punishable under Section 288 of BNS, 2023, and Section 9(B)(1)(b) of the Explosives Act, 1884 and Section 4(b) of the Explosive Substance Act, 1908, in Crime No.239 of 2026, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in unlawful possession of firecrackers and raw materials. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the proprietor of M/s. Balakrishna Fire Works Factory and that due to a fire accident that occurred on 04.03.2023, the licence was cancelled by the District Revenue Officer vide proceedings in Na.Ka.No. A2/0672/2024, dated 10.09.2025. Thereafter, the petitioner filed a writ petition in W.P(MD).No.15231 of 2023 and this Court vide order dated 02.12.2025, set aside the cancellation of the licence. Hence, he prayed to grant bail to the petitioner.

¶4The learned Counsel for State of TN (Criminal side) appearing for the respondent Police would submit that the property has been recovered that the petitioner is not having any bad antecedents. However, he opposed to grant bail to the petitioner.

¶5Considering the nature of the charges levelled against the petitioner and also the facts that the property has been recovered and that the petitioner is in judicial custody from 13.07.2026, this Court is inclined to grant bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Sathankulam.

¶7On production of such receipt/acknowledgment, 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, Sathankulam, and on further conditions that [a] 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 petitioner shall report before the respondent police daily at

10.30 a.m., for a period of thirty (30) days and thereafter as and when required for interrogation. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner 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 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

(K M S J)

11.08.2026 VSG TO

1.The learned Judicial Magistrate, Sathankulam.

¶2The Superintendent, District Jail, Thoothukudi.

3.The Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9.

4.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.16952 of 2026 Date : 11/08/2026