Giri v. The State Rep by the Sub Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

29.07.2026 for the alleged offence under Sections 9(B)(1)(a), 9(B)(1)(b) of Explosives Act 1884, Section 5 and 6 of Explosives Substance Act, 1908 in Crime No.114 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The allegation against the petitioner is that on 29.07.2026, when the respondent police was on regular patrol duty intercepted Tractor bearing registration No. TN 29 2306 and found the petitioner along with othere accused with possession of 45 gelatin explosive power with 53 detonators. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is the driver the said Tractor. He further submitted that he is innocent and 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.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there is no criminal antecedents. He further submitted that the co-accused has already been granted bail by this Court in Crl.OP.No.21900 of 2026 dated 07.08.2026. Hence, he strongly opposed to grant of bail to the petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 6

¶6Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on either sides, the allegation against the pettioner is that he was in possession of explosive substance. Even according to the prosecution, it has been used for mining purpose and not for any other illegal purpose. Considering the fact that the petitioner is the driver of the said Tractor, no criminal antecedents, co-accused was already released on bail by this Court and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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 No.I, Vellore, 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 two weeks and thereafter as and when required for interrogation; Page4 of 6 [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 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. 20-08-2026 DRL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To

1.The Judicial Magistrate No.I, Vellore.

¶2The Sub Inspector of Police Vellore Taluk Police Station, Vellore District, Tamil Nadu.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o23288oofo2026 N.RAMESH,oJ. DRL CRLoOPoNo.o23288oofo2026 20-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Giri S/o.Varadharaj, No.106, Ganthi Nagar 4th Street, Chithode Erode District, Tamil Nadu. ..Petitioner(s) Vs The State rep by the Sub Inspector of Police Vellore Taluk Police Station, Vellore District, Tamil Nadu. Crime No.114 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in connection with crime no.114 of 2026 on the file of the respondent police and thus rendering justice. For Petitioner(s): M/s. S.Thiyagarajan For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)