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Madras High CourtCRL OP/13826/2026dismissed

Kishore Kumar @ Keerai v. The State Rep. By Inspector Of Police

2026-06-10Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HON'BLE MR. JUSTICE C.KUMARAPPAN Kishore Kumar @ Keerai ..Petitioner(s) Vs The State Rep. by Inspector of Police F-5 Choolaimedu Police Station, Chennai.

..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in Crime No.229/2026 pending investigation on the file of the respondent/complainant and thus render justice. For Petitioner(s):

Mr.S.M.Raghuram For Respondent(s):

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.04.2026 for the alleged offence punishable under Section 123 of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.229 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner illegally sold intoxicating tablets to individuals for substance abuse. The defacto complainant, after consuming the said tablets supplied by the petitioner, suffered severe adverse physical side effects and admitted to the hospital for medical treatment. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent, has been falsely implicated in this case, and has no nexus with the alleged distribution of any prohibited or harmful substances. He further submitted that the petitioner has been in continuous judicial custody since 28.04.2026. The learned counsel prayed for the grant of bail on these grounds.

4. The said contention was strongly opposed by the learned Government Counsel (Criminal Side) appearing for the respondent, who reiterated the case of the prosecution. He submitted that the petitioner actively distributed dangerous, unregulated tablets for drug usage, directly endangering human life and causing severe medical complications to the victim. He further brought to the attention of this Court that the petitioner is a habitual offender with 6 previous cases of similar nature pending against him, and if he is enlarged on bail at this stage, there is an imminent threat of recidivism and tampering with material witnesses.

5. Taking into consideration the totality of the circumstances, the gravity of the offence involving the public sale of harmful substances for drug abuse, and the adverse health consequences inflicted on the victim, this Court views the matter seriously. The existence of 6 criminal antecedents against the petitioner underscores a clear tendency to commit habitual offences, raising a strong probability of recidivism if released. Releasing the petitioner at this juncture would severely jeopardize public safety and prejudice the pending investigation into the source of these dangerous tablets. In view of the severe nature of the allegations and the petitioner's past conduct, this Court is not inclined to grant bail at this stage.

6. Accordingly, the Criminal Original Petition is dismissed. 10-06-2026 Index: Yes/No Speaking/Non-speaking order Jeni To 1.The XVII Metropolitan Magistrate, Saidapet, Chennai. 2.The Superintendent, Puzhal Jail-II, Chennai. 3.The Inspector of Police, F-5 Choolaimedu Police Station, Chennai. 4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

Jeni 10-06-2026