High Court · 2025

CRL OP(MD)No.8143 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 09.05.2025PRESENTThe HONOURABLE MR. JUSTICE M.JOTHIRAMANCRL OP(MD)No.8143 of 2025Jaishankar ... Petitioner Vs1. The State of TamilNadu represented The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. (Crime No.108 of 2025)2. The Village Administrative Officer, Nedunkulam Village, Sivakasi Taluk, Virudhunagar District. ... Respondents For Petitioner : Mr.C.Padmanabhan Senior Counsel for M/s.S.s.Madhavan Law Associates For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 2025 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Cr.No.108 of 2025 on the file of the respondent police.ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of therespondent police for the offences punishable under sections 288,125(a) & 105 ofBharatiya Nyaya Sanhita, 2023 read with 9(B)(1(a) of Explosives Act, 1884 inCr.No.108 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 26.04.2025 at about 10.40a.m. there was anexplosion in the petitioner's Fire Works Factory situated at M.Pudupatti to SivakasiMain Road, within the limits of Nedunkulam Village. In the said explosion, 3employees were died and 7 employees have sustained serious injuries. Hence thecomplaint. 3. The learned Senior Counsel appearing for the petitioner would submit that2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 2025the petitioner/Accused No.1 is the Managing Director and he is running Fireworksbusiness since 1975 in the name of Standard Fire Works by obtaining license fromthe competent authority. He further submits that on 26.04.2024, at about 10.40a.m.there was an explosion in the petitioner's fire works factory, three employees weredied due to unavoidable circumstances and two employees were sustained seriousinjuries, immediately they were taken into hospital and admitted as inpatient inGovernment Hospital. It was informed to the petitioner's Factory manager andimmediately he made a visit to the spot and informed to the petitioner immediately.3.1. He would further submit that the petitioner immediately directed theManager to provide necessary medical remedies to all the injured employees to savetheir life and to provide compensation for the three deceased employees. He furthersubmits that a sum of Rs.5,50,000/- was already paid to the legal heirs of thedeceased employees and also the concerned Fireworks company have also takensteps to provide Statutory benefits which are applicable to the family members ofthe deceased employees'. 3.2. The learned Senior Counsel appearing for the petitioner further submitsthat the petitioner undertakes that all the statutory benefits which are applicable to3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 2025the deceased employees will be provided as early as possible. He further submitsthat in this case, the second and third accused were already enlarged on bail by thePrincipal District and Sessions Judge, Virudhunagar District at Sirivlliputhur, videorder dated 08.05.2025, wherein, the court below has directed the petitioner thereinto pay an additional compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) eachto the four families of the deceased victims and Rs.5,00,000/- to one seriouslyinjured person and also Rs.2,00,000/- each to five simple injured persons throughthe police concerned. 3.3. The learned senior Counsel appearing for the petitioner would furthersubmit that the petitioner did not involved in any of the offences as alleged by theprosecution. The petitioner is an innocent and he is falsely implicated in this case.The petitioner is ready to abide by any conditions to be imposed by this Court. He,therefore prays for grant of anticipatory bail to the petitioner. 4. Per contra, the learned Additional Public Prosecutor appearing for therespondent police would submit that the explosion has occurred due to thecarelessness of the petitioner for not providing any safety measures to theemployees and objected to grant Anticipatory bail to the petitioner. He prays to4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 2025dismiss this Criminal Original Petition. 5. Heard both sides and carefully perused the materials available on record. 6. On perusal of the FIR shows that the explosion had occurred due to thecarelessness of the petitioner for not providing any safety measures to theemployees, who are all working in the petitioner's Fireworks Factory. It is anadmitted fact that there was an explosion at the petitioner's factory, the secondaccused is the Manager and the third accused is the foreman, both are workingunder the petitioner/1st Accused. Considering the nature of the allegations levelledagainst the petitioner/accused and considering the fact that the Second and thirdaccused were arrested and subsequently they were enlarged on bail, this court isinclined to grant anticipatory bail to the petitioner with certain conditions:7. Accordingly, the petitioner is ordered to be released on anticipatory bail inthe event of arrest or on his appearance, within a period of fifteen days from thedate on which the order copy made ready, before the Judicial Magistrate No.II,Sivakasi, Virudhunagar District, on condition that the petitioner shall execute abond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 2025for a like sum to the satisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrate concerned, failingwhich, the petition for anticipatory bail shall stand dismissed and on furthercondition that: [a] the petitioner and the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank Pass Book to ensure their identity. [b] the petitioner is directed to ensure that whether the family members of thedeceased employees have obtained the Fatal Accident Compensation and benefitsunder Social Security Legislations or not. If any evasion or default with regard to theFatal Accident Compensation and benefits under Social Security Legislations to thevictims' or their family members, the petitioner shall immediately take steps torectify the same and shall file an affidavit before the concern Judicial MagistrateCourt to that effect.[c] the petitioner shall report before the respondent Police on every Mondayand Friday at 10.30a.m. until further orders. 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 2025[d] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial. [e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioners released on bail bythe learned Magistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS 2023. sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. GVNTO1 THE JUDICIAL MAGISTRATE NO IISIVAKASI, VIRUDHUNAGAR DISTRICT.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.8143 of 20253 THE INSPECTOR OF POLICEM.PUDUPATTI POLICE STATION,VIRUDHUNAGAR DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.8143 of 2025 Date :09/05/2025 HPS/21.05.2025 /8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8