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Madras High CourtCRL OP/1946/2026granted

Iyappan v. The State Rep By, The Inspector Of Police

2026-01-29Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Iyappan S/o Babu, No.2/771, Ponnai Main Road, Malaimedu, Agravaram, Walaja Taluk, Ranipet District.

Petitioner(s) Vs

1. The State Rep By, The Inspector of Police Ranipet Police Station, Ranipet District.

Crime No.02 of 2026.

Respondent(s) PRAYER To enlarge the petitioner on bail in connection with Crime NO.02 of 2026 on the file of the respondent police.

For Petitioner(s):

D.Balaji For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner/A1, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offence under Section 123 of BNS, 2023 in Crime No.02 of 2026 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he is ranked as A1 and conspired with other accused involved in possession and misusing 153 Nos. of Tapentadol tablets for the purpose of intoxication by mixing it in saline water and injecting the same to innocent persons/victims. Hence, the case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and was in judicial custody since 03.01.2026, though it is stated in the Lower Court order that the petitioner is having 3 previous cases and those cases were hurt cases and not similar in nature. Hence, the learned counsel prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and, upon instructions submitted that the petitioner is in custody from 03.01.2026 and the investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner.

5. I have heard the learned counsel on either side and also perused the materials available on record.

6. Considering the submissions made on both sides, facts and circumstances of the case and taking note of the period of incarceration undergone by the petitioner herein and it is not a case of possession of

contraband scheduled under NDPS Act, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Ranipet, Ranipet District, 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 daily at 10.30 a.m., for a period of two weeks. [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 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.

29-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 District Munsif Cum Judicial Magistrate, Ranipet, Ranipet District. 2.The State Rep By, The Inspector of Police Ranipet Police Station, Ranipet District.

Crime No.02 of 2026.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1946 of 29-01-2026