Manigandan vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 08.01.2026, for the alleged offence punishable under Section 288 and 125 of BNS r/w. 3, 4(a) and 5 of Explosives Substances Act 1908 and 9(B)(i)(b) Indian Explosives Act 1884 in Crime No.04 of 2026, on the file of the respondent police, seeks bail.

The allegation against this petitioner/A4 is that, the petitioner has supplied gelatin in 5 boxes each containing 25 kgs and other connected substances to the other accused which was seized from the possession of A5 in this case. Hence, the case has been registered.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in incarceration from 08.01.2026 and it is alleged that the seized explosives were used for the purpose of fishing activities. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner is ranked as A4 and only 4 persons were arrested and two more persons absconding and the investigation is pending. Hence, he opposed to grant bail to the him.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the fact that the petitioner is in incarceration from 08.01.2026 and no previous cases reported against the petitioner, and also considering the purpose for which explosives used, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Paramathy, Namakkal 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., for a period of three weeks.

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

[d] the petitioner shall not tamper with the 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 B.N.S.