Karthik v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11997 of 2025 Karthik S/o. Sivasubramaniyam ... Petitioner / Accused-2 Vs.

The State represented byThe Inspector of Police, SIPCOT Police Station, Ranipet District.

(Cr. No.88 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr. No.88 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.D. Balaji 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 06.04.2025, seeking bail in Cr. No.88 of 2025 registered for the offence under Section 123 of B.N.S. read with Section 77 of Juvenile Justice Act.

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2. The case of the prosecution is that A1 was found in possession of 96 tablets of 100 mg Tydol; that A1 was secured and that based on his confession, the petitioner and A3 are said to have implicated. Hence the case.

3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 06.04.2025; that no recovery of contraband is made from this petitioner; that he has been implicated based on the confession of the co-accused; and that since the contraband has been seized from the co-accused, in any case, further custody of the petitioner is not required and therefore, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police,reiterated the prosecution case and submitted that contraband has been seized; and that the petitioner has one previous case registered under NDPS Act for the possession of small quantity of Ganja, in which, he is on bail.

5. Considering the nature of allegations, period of incarceration, no recovery is made from the petitioner, contraband has been seized from the coaccused, the petitioner is on bail in other previous case and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail 2/5

to the petitioner with certain conditions.

6. 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 District Munsif-cum-Judicial Magistrate, Ranipet, Ranipet District. [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; [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 3/5

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.

22.04.2025 mjs To

1. The District Munsif-cum-Judicial Magistrate, Ranipet, Ranipet District.

2. The Inspector of Police, SIPCOT Police Station, Ranipet District.

3. The Superintendent of Police, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

mjs Crl.O.P.No.11997 of 2025 22.04.2025 5/5