V.Muniyasamy And Others vs State

M.Dhandapani, J

The petitioners/accused Nos.2 and 3, who were arrested and remanded to judicial custody on 04.02.2024 for the alleged offence punishable under Sections 286, 353 and 506(ii) IPC and Section 3 of Explosive Substances Act, 1908, in Crime No.24 of 2024 on the file of the respondent Police, seeks bail.

The case of the prosecution is that the petitioners and other accused persons illegally manufactured and stored fireworks and the same was blasted unexpectedly. This was noticed by the defacto complainant and her assistant, while they were on duty and when the same was questioned by the defacto complainant, they were criminally intimidated. Hence the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. They are no way connected with the alleged occurrence. Actually, the first petitioner is doing construction business and the second petitioner is his assistant. They purchased steel sheds from the first accused and the same was stored at the occurrence place. While dismantling the steel shed, the blast took place. He would further submit that the petitioners are in judicial custody from 04.02.2024, hence, they pray for bail.

The learned Additional Public Prosecutor appearing for the respondent Police strongly opposed to grant bail to the petitioners, stating that investigation is pending.

Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners and the nature of allegation levelled against the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

Accordingly, the petitioners are ordered to be released on bail on their executing 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 learned Judicial Magistrate No.II, Virudhunagar District, 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners are directed to appear before the respondent Police daily at 10.30 a.m., until further orders;

(c)the petitioners shall not tamper with 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 petitioners 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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.