Dhinakar v. State Rep By, The Inspector Of Police,
CRL OP NO. 15600 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP. NO. 15600 of 2025 1.DHINAKAR s/o. Saravanansivakumar.
2.Sakthivel
3. Ruban ...Petitioners Vs State rep by, The Inspector of Police, Tiruttani Police Station, Thiruvallur District, (Cime No. 221 of 2025) ..Respondent RAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.221 of 2025, pending investigation on the file of the respondent Police. For Petitioner(s): V.Manimaran A.Tamilselvan B.Sasikala S.Sathya For Respondent(s): L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 27.04.2025, for the offence punishable under Sections 278, 123 of BNS Act, 2023 in connection with Crime No.221 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of
252 strips i.e., totally 2520 Tapentadol tablets 100 mg without any valid permit. Hence, the complaint.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons. He also submitted that the petitioners are in no way connected with the alleged offence. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the petitioners were in illegal possession of 2520 Tapentadol tablets without any permit. He further submitted that the respondent police has recovered 2500 tablets from A1 and there are 3 previous cases against A1 and no previous case against A3. A4 is said to have given these tablets to these petitioners.
5. Heard both sides and perused the materials available on record. 6 Considering the facts and circumstances of the case, submissions made by the learned counsel on either side and also considering the period of incarceration of the petitioners and the petitioners themselves are ready to abide by any condition, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation;
[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;
[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions M. NIRMAL KUMAR.,J gv
have been imposed and the petitioners 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section of B.N.S.
11-06-2025 To
1. The Judicial Magistrate, Tiruttani.
2. The Superintendent, Sub-Jail, Tiruttani
3. The Inspector of Police, Tiruttani Police Station, Thiruvallur District, (Cime No. 221 of 2025)
4. The Public Prosecutor, High Court, Madras.
CRL OP. NO. 15600 of 2025