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2026 DAILYLAW 59464 (MAD)

Dinesh Kumar v. State rep by the Inspector of police

CRL OP/23731/2026 · 2026-08-24

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23731 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23731 of 2026 Dinesh Kumar S/o Periyasamy, Karukan Alli Village and post Dharmapuri taluk and District ..Petitioner(s) Vs State rep by the Inspector of police Ambur Taluk Police Station, Tirupattur. Crime No.265/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in crime no.265 of 2026 (on the file of the Ambur Taluk police station, Tirupattur district) pending investigation on the file of the respondent police For Petitioner(s): M/s. S.Mageshkumar For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 30.07.2026 for the alleged offence under Sections 9(B)(1)(a), 9(B)(1)(b) of Explosive Act 1884, and Section 5, 6 of Explosive Substances Act, 1908 in Crime No.265 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23731 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that the petitioner was found in illegal possession of 37 gelatin explosive cartridges, used for blasting rocks, in a tractor bearing Registration No. TN-49-P-3703, without holding any valid license. Hence, the complaint. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody on 30.07.2026. He further submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there are no previous cases against the petitioner and that no one was injured in the alleged incident. Hence, he oppose to grant bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 23731 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the nature, the period of incarceration of the petitioner and the fact that the petitioner has no previous criminal antecedents and no one was injured in the alleged occurrence, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambur at Tirupattur District, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 15 days and thereafter as and when required for interrogation; [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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with https://www.mhc.tn.gov.in/judis CRL OP No. 23731 of 2026 __________ Page4 of 5 law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-08-2026 DRL Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The Judicial Magistrate Court, Ambur at Tirupattur District. 2. The Inspector of police Ambur taluk police station, Tirupattur. 3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23731 of 2026 __________ Page5 of 5 N.RAMESH, J. DRL CRL OP No. 23731 of 2026 24-08-2026 https://www.mhc.tn.gov.in/judis