Madras High Court
Velusamy Sakthivel v. The State Rep. by, The Inspector of Police
- Decision date
- 2026-07-29
- Text availability
- Full text
- Judges
- C. Kumarappan
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Connected provisions and cases
No further provision or case links are recorded.
Judgment text
CRL OP No. 20334 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20334 of 2026 Velusamy @ Sakthivel ..Petitioner(s) Vs The State Rep. by, The Inspector of Police Negamam Police Station, Coimbatore District. Crime No.199 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the Petitioner on bail in the event of their arrest in Cr.No.199 of 2026 on the file of the Respondent Police and thus render justice. For Petitioner(s): M/S.DEEPAN UDAY For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 9(B)(1)(b) of the Explosives Act, 1884 in Crime No.199 of 2026 on the file of the respondent police seeks anticipatory bail. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 20334 of 2026 2. The case of the prosecution is that on 14.07.2026 at about 10:00 a.m., the Village Administrative Officer received information that explosives were being used without authorisation for earth excavation at Survey No. 17/2, Panapatti Village, Pollachi Taluk, Coimbatore District. Upon inspection, he found evidence of blasting on the land belonging to Chenniyappa Goundar. When the same was questioned, the petitioner along with other accused fled away from the scene of occurrence. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He submits that they have used the explosive substances for agricultural purposes with proper authorisation. He also submits that co-accused/A4 in this case was already enlarged on anticipatory bail by this Court in Crl.O.P.20051 of 2026 on 27.07.2026. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner. __________ Page2 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 20334 of 2026 5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, though learned Government Advocate (Crl.Side) objects this application, the petitioner has no criminal antecedents. Even according to the prosecution case, they have used the explosive substances for agricultural purposes. Hence, Considering the fact that the petitioner has no criminal antecedents and also upon the fact that co-accused was already enlarged on anticipatory bail by this Court, this Court is of the firm view that at this length of time custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Pollachi on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and __________ Page3 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 20334 of 2026 on further conditions:
(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 29-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR __________ Page4 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 20334 of 2026 To: 1. The Judicial Magistrate-II, Pollachi 2. The Inspector of Police Negamam Police Station, Coimbatore District. 3. The Public Prosecutor
High Court of Madras __________ Page5 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 20334 of 2026 C.KUMARAPPAN, J. NR CRL OP No. 20334 of 2026 29-07-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis