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2026 DAILYLAW 55306 (MAD)

GOPAL v. State Of Tamilnadu Rep By Inspector Of Police, M.Pudupatti

CRL OP(MD)/14661/2026 · 2026-07-17

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14661 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.14661 of 2026 M.Gopal ... Petitioner / Sole Accused Versus The State of Tamil Nadu, Rep by the Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. (Crime No.133 of 2026) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of arrest in Crime No.133 of 2026 on the file of the respondent police, or on his appearance. For Petitioner : Mr.J.Yogeswaran For Respondent : Mr.J.Vishnu Government Advocate (Criminal Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14661 of 2026 ORDER : The Court made the following order :- The petitioner, who apprehends arrest in connection with Crime No.133 of 2026 on the file of the respondent police, registered for the offence punishable under Section 9(B)(1)(a) of the Explosives Act, 1884, seeks the relief of anticipatory bail. 2. The allegation against the petitioner is that he was found to be in possession of approximately 15 kilograms of sulphur, 10 kilograms of charcoal powder, and other materials used for the manufacture of firecrackers, which were allegedly stored in an unlicensed premises. Based on the complaint lodged by the Village Administrative Officer, the present case has been registered for the aforesaid offence. 3. The learned counsel appearing for the petitioner submitted that the entire materials have already been seized by the respondent police. It was further submitted that the materials were recovered from a vacant land and not from the exclusive possession of the petitioner. The learned counsel further submitted that the petitioner is ready and willing to cooperate with the investigation and abide by any condition that may be 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14661 of 2026 imposed by this Court. Hence, he prayed for the grant of anticipatory bail. 4. Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioner is involved in one previous case under the Gambling Act, which is still pending. He further submitted that the investigation in the present case is still in progress and, therefore, opposed the grant of anticipatory bail. 5. This Court has carefully considered the rival submissions and perused the materials available on record. 6. Considering the nature of the allegations, the fact that the alleged explosive substances have already been seized, the submission that the materials were recovered from a vacant land, the fact that the petitioner has no previous criminal antecedents involving similar offences, and taking into account the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14661 of 2026 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivakasi, 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 Judicial Magistrate concerned and on further conditions that: (a) the petitioner and 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, and thereafter as and when required for the interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14661 of 2026 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]; and (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 17.07.2026 pal To 1.The Judicial Magistrate No.II, Sivakasi. 2.The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14661 of 2026 K. RAJASEKAR ,J. pal ORDER IN CRL OP(MD) No.14661 of 2026 Date : 17.07.2026 6/6 https://www.mhc.tn.gov.in/judis