Ganesapandian vs State Of Tamil Nadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 14.01.2026 for the offences punishable under Sections 331(3), 331(4) and 305(a) of BNS 2023, in Crime No.4 of 2026 on the file of the respondent police, seeks bail.

The prosecution alleges that the petitioner manufactured crackers without a valid licence, pursuant to which the revenue authorities seized the same and sealed the premises. It is further alleged that the petitioner unlawfully broke open the sealed premises and removed the crackers, giving rise to the present complaint.

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 co-accused had already been granted bail. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 14.01.2026. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that there are 9 previous cases pending against the petitioner. Hence, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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 No.II, Sattur, 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. In the event the petitioner commits the same offence in the future, the bail granted by this Court shall stand cancelled automatically.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 269 BNS.