Santhosh Krishna v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Santhosh Krishna ... Petitioner Vs.

State by :- The Inspector of Police, Arakkonam Prohibition Enforcement Wing, P.S., Ranipet District.

In Cr.No.44 of 2025.

... Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge on bail on the pending investigation of the respondent Police in Crime No.44 of 2024 on the file of the respondent Police. For Petitioner :

Mr.N.Kamaraj For Respondent :

Mr.R.Vinoth Raja, Government Advocate (Crl. Side) Page No.1 of 6

ORDER

The petitioner who was arrested and remanded to judicial custody on 28.05.2025 in connection with Crime No.44 of 2025 for offence under Section 123 BNS r/w Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 on the file of the respondent Police, seeks bail. 2.Case of the prosecution is that on receipt of secret information that on 27.05.2025 two persons were selling tablets near Arakkonam Railway Station, the Sub Inspector of Police and two Head Constables went to the scene and intercepted the persons identified by the informer. The said two persons disclosed their identify. On search, the petitioner was in possession of 100 Nos. of Tapentadol Tablets each 100 mg and A2 was in possession of 80 Nos. of Tapentadol Tablets each 100 mg. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case and considering the period of incarceration, the petitioner may be released on bail. 4.The learned Government Advocate (Crl. Side) appearing for the Page No.2 of 6

respondent Police submits that the petitioner was in possession of 100 Nos. of Tapentadol Tablets each 100 mg and A2 was in possession of 80 Nos. of Tapentadol Tablets each 100 mg.

5.Taking into consideration the facts and circumstances of the case and period of incarceration, this Court is inclined to grant bail 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.I, Arakkonam, Ranipet District 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 appear before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

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[c]the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[d]the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;

[e]the petitioner 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 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]; [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

15.07.2025 Speaking Order/Non Speaking Order Index : Yes/No vv2 Note :

1. Registry is directed to forthwith upload Page No.4 of 6

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.I, Arakkonam, Ranipet District.

2.The Central Prison, Vellore.

3.The Inspector of Police, Arakkonam Prohibition Enforcement Wing, P.S., Ranipet District.

4.The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR, J.

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