Madras High Court
T.Marimuthu vs State Rep. By on 4 February, 2022
Author: G.Ilangovan
Bench: G.Ilangovan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Dated: 04/02/2022
PRESENT
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.OP(MD)Nos.436 of 2022
T.Marimuthu : Petitioner/A3
Vs.
State rep. By
The Inspector of Police,
Sivakasi Town Police Station,
Virudhunagar District.
(Crime No.473 of 2021) : Respondent/Complainant
For Petitioner : Mr.S.M.Anantha Murugan
For Respondent : Mr.S.Manikandan
Government Advocate
(Criminal side)
PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C
PRAYER :- C-33AB.For Anticipatory Bail in Crime No.473 of
2021 on the file of the Respondent Police.
https://www.mhc.tn.gov.in/judis
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ORDER :The Court made the following order:-
The petitioner, who is arrayed as A3 apprehending arrest at the hands of the respondent police for the alleged offences under sections 9(B)(1)(a) of Indian Explosives Act, 1884 @ Sections 286, 337, 304(ii) IPC r/w section 9(B)(1)(a) of the Indian Explosives Act, 1884, in Crime No.473 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that on 15/11/2021 at about 03.00 pm, the Village Administrative Officer, Aanaiyur Village Panchayat, received an information from one Thangapandi that explosion happened in a residential house at Sundaram Nagar, Sivakasi. He immediately went to the place of occurrence with the other officials and admitted two injured persons in the hospital and two injured persons succumbed to severe injuries, who were engaged by A1 and A2 for the purpose of manufacturing fire crackers in their residential house. Hence, this complaint.
3.Heard both sides.
https://www.mhc.tn.gov.in/judis 3
4.The earlier petition filed by this petitioner was dismissed by this court in Crl.OP(MD)No.18285 of 2021, dated 20/12/2021 considering the serious of the offence. Now this petition came to be filed by the petitioner on the ground that he is counting his days, since he suffered major injury on the neck portion in the fire accident. To show the same, he has also produced the photographs showing the nature of the injuries found in the neck portion.
5.Considering the above facts and circumstances of this case and also on seeing the photographs produced by the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate NO.1, Sivakasi and on his executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police after full recovery from the injury. The petitioner shall comply with the condition https://www.mhc.tn.gov.in/judis 4 stipulated under Section 438 Cr.P.C. scrupulously. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed.
(G I J) 04.02.2022 ER Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis 5 G.ILANGOVAN ,J er Crl.O.P.(MD)No.436 of 2022 04.02.2022 https://www.mhc.tn.gov.in/judis 6 https://www.mhc.tn.gov.in/judis