J.Dhaveedhu Raja v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN J.Dhaveedhu Raja ... Petitioner/A7 Vs.

The State represented by, The Inspector of Police, Sriperumbudur Police Station, Kanchipuram District.

(Crime No.860 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.860 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.A.Udhayachandiran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 07.12.2024, seeking bail in Crime No.860 of 2024 registered for the offence under Sections 123 and 278 of BNS 1/5

Act.

2. The case of the prosecution is that A1 and A2, were found in possession of 200 Nos. of Tydol tablets i.e., Tapentadol tablets and it was revealed from their confession that the petitioner used to buy these tablets from an online website viz., India Mart and get it delivered through a logistics at Orgadam.

3. The learned counsel appearing for the petitioner would submit that the petitioner has no previous antecedents; that in any case, he sought to be implicated on the confession of the co- accused; that he is in custody from 07.12.2024; and since further custody is not required for the purpose of investigation, he may be released on bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the petitioner has no previous cases.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the 2/5

materials available on record.

6. Considering the period of incarceration, no contraband was seized from the petitioner and he has been implicated on the confession of the co-accused and that since, his further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sriperumbudur and on further conditions that: [a] 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, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3/5

[e] On breach of any of the aforesaid conditions, the 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

12.02.2025 ars To

1. The Judicial Magistrate No.II, Sriperumbudur.

2. The Inspector of Police, Sriperumbudur Police Station, Kanchipuram District.

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

4/5

SUNDER MOHAN., J.

ars 12.02.2025 5/5