Madras High Court
Eswari vs State Of Tamilnadu Rep By Inspector Of ... on 7 May, 2026
Author: S.Srimathy
Bench: S.Srimathy
CRL OP(MD). No.9128 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 07.05.2026
PRESENT
THE HONOURABLE MRS. JUSTICE S.SRIMATHY
CRL OP(MD)No.9128 of 2026
Eswari ... Petitioner/A1
Vs
The State of Tamilnadu,
Rep., by the Inspector of Police,
Vachakarapatti Police Station,
Virudhunagar District.
(Crime No.115 of 2026) ... Respondent/Complainant
For Petitioner : Mr.G.Mariappan
For Respondent : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :- For Bail in Crime No.115 of 2026 on the file of the
respondent police.
1/7
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.9128 of 2026
ORDER :The Court made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 26.04.2026 for the offences punishable under Sections 288, 223, 125(a), 125(b) and 105 BNS and Section 9(B)1(a) Indian Explosive Act, in Crime No.115 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the factory called 'Vanaja Fire Works Factory' met with a fire accident on 19.04.2026, in which, more than 25 persons said to have dead and more than 10 persons said to have sustained injuries. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner will abide any condition to be imposed by this Court and to show her bona fideness, she has filed an undertaking affidavit stating that she would deposit a sum of Rs.50,00,000/- as compensation to the victim family. Hence, he seeks bail to the petitioner.
2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9128 of 2026
4. The learned Additional Public Prosecutor strongly opposed for grant of bail to the petitioner.
5.The petitioner is the license holder of the factory and his husband, Muthumanickam, is the owner of the said fire factory. The said Muthumanickam has leased out the factory to one Muthukrishnan, who is the third accused in the offence. All the three accused are jointly liable to pay the compensation to the victim. It is stated that twenty five persons died in the fire accident and hence, each of deceased family is entitled to a sum of Rs.5,00,000/- and Rs.50,000/- for cremation expenses and there are 26 injured persons, each of them is entitled to Rs.2,00,000/-. Since there are three accused, each one is liable to pay 1/3 of the quantified amount of Rs.1,89,50,000/- (One Crore Eighty Nine Lakh and Fifty Thousand only) and each liable to pay Rs.63,16,700/-. The petitioner has filed an undertaking affidavit stating that he would deposit Rs.50,00,000/- and also seeking instalment to pay the same. The petitioner is permitted to deposit Rs.25,00,000/- at the time of producing surety and the balance of Rs.38,16,700/- shall be paid in two equal instalments therefrom. Once the amount is deposited, the 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9128 of 2026 learned Judicial Magistrate concerned is directed to disburse the said amount to the victim family as well as the injured persons. The learned Judicial Magistrate shall take assistance of the legal service authority while disbursing the amount.
6. On the condition stated supra, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate I, Virudhunagar, and on further conditions that :-
[a] the petitioner and 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., until further orders;
[c] the petitioner shall not tamper with the evidence 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9128 of 2026 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 is 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 269 BNS.
07.05.2026 Rmk TO
1.Judicial Magistrate No.I, Virudhunagar.
2.The Officer (in-charge) Special Prison for Women, Madurai. 5/7
https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9128 of 2026
3.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9128 of 2026 S.SRIMATHY,J Rmk ORDER IN CRL OP(MD) No.9128 of 2026 Date : 07.05.2026 7/7 https://www.mhc.tn.gov.in/judis