Rajaprasath v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rajaprasath S/o Settu, No.52, Sampath Nagar, Fort Backside, Vellore.
..Petitioner(s) Vs The State represented by:
The Inspector of Police Vellore North L and O Police Station, Vellore.
[Crime No.75 of 2026] ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail as against the case in Crime No.75 of 2026 pending on the file of the respondent police. For Petitioner(s):
M/S. D.Thirumoorthy For Respondent(s):
Mr. S. Vinoth Kumar, Government Advocate (Criminal side).
ORDER
The petitioner, who was arrested and remanded to judicial custody on 19.03.2026 for the alleged offences under Sections 111 and 123 of B.N.S. in Crime No.75 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused was found in illegal possession of 220 tablets of Tapentadol. Hence the case.
3. The learned counsel appearing for the petitioner would submit that there are three accused and the petitioner is A2 and he has been remanded to judicial custody on 19.03.2026. He would further submit that even according to the prosecution, 220 tablets of Tapentadol were recovered from A1 and this petitioner and other accused have been implicated through the confession of A1 and hence prays for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal side) appearing for the respondent police has reiterated the prosecution case and though objected to enlarge the petitioner on bail, he would fairly submit that there is no previous case against the petitioner.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. Taking into consideration of the totality of circumstances, upon the fact that the petitioner has been under judicial custody since 19.03.2026 and upon the further fact that the petitioner has no previous bad antecedents, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent 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-IV, 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 sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of 30 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 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.
21-04-2026 MJS 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 No.IV, Vellore.
2. The Inspector of Police, Vellore North L and O Police Station, Vellore.
3. The Superintendent of Police, Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.-
C.KUMARAPPAN, J.
MJS 21-04-2026