Saravanakumar And Others vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 03.01.2026 for the offences punishable under Sections 288 and 105 of BNS, 2023 and Sections 9 (B) (1) (a) of Indian Explosive Acts, 1884 in Crime No.01 of 2026 on the file of the respondent police. seeks bail.

The case of the prosecution is that the petitioners herein are owner and supervisor of the crackers cap wick manufacturing factory situated in S.No.1250, Sirukulam Village, Sattur Taluk and due to the negligence of the petitioners on 02.01.2026 at about 04.45 pm fire broke out in the factory and two employees died with burnt injuries on the spot. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are an innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and she is in judicial custody from 03.01.2026.

Hence, he seeks bail to the petitioners.

The learned Government Advocate (Crl. side) submitted that the petitioners had already paid mandatory compensation of Rs.5,00,000/- to the deceased family and the investigation is still pending. Hence, he opposed for grant of bail to the petitioners.

Taking into consideration of the facts and circumstances of the case and also the fact that the petitioners are ready and willing to pay a sum of Rs.2,00,000/- each to the victim's family and also considering the period of incarceration suffered by 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 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.I, 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 petitioners are directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each to the credit of Crime No.1 of 2026 before the learned Judicial Magistrate No.I, Sattur, Virudhunagar District. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Magistrate shall deposit the same in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.1 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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

[d] the petitioners 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.