Pugazhendi v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.Nos.23982 & 23877 of 2025 Pugazhendi ... Petitioner in Crl.O.P.23982 of 2025 Datchanamoorthi @ Appalam ... Petitioner in Crl.O.P.23877 of 2025 -vsThe State rep by, The Sub-Inspector of Police, Siva Kanchi Police Station, Kancheepuram District.

(Crime No.243 of 2025) .. Respondent in both OP's COMMON PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS Act, pleased to enlarge the Petitioner on bail in Crime No.243 of 2025 pending on the file of the respondent police. For Petitioner :

Mr.A.Saranraj in Crl.O.P.23982 of 2025 For Petitioner :

Mr.D.Padmanabhan in Crl.O.P.23877 of 2025 For Respondent :

Mr.A.Gopinath, in both OP's Government Advocate (Crl. Side) COMMON ORDER 1/6

The Petitioner, who was arrested and remanded to judicial custody on 22.07.2025 for the alleged offences punishable under Sections 278, 123 of BNS in Crime No.243 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 22.07.2025 the petitioner seized the property of 360 tablets (TAPILDOL-100 Mg) without proper permission. Hence this case.

3. The learned counsel for the Petitioner submitted that the Petitioner have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner seized property of 360 tablets (TAPILDOL-100 Mg) without any proper permission. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the Petitioner.

5. Considering the facts and circumstances and also the fact that the investigation is almost completed, and considering the period of incarceration undergone by the Petitioner, this Court is inclined to grant bail 2/6

to the Petitioner with certain conditions.

6. Accordingly, the Petitioner is directed to deposit a sum of Rs.15,000/- (Rupees fifteen thousand only) to the credit of the Advocate Clerk Association, Kancheepuram, in each petitions and on such deposit, the Petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (one blood surety), for a like sum to the satisfaction of the learned Judicial Magistrate-01, Kancheepuram, and on further conditions that: (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 on daily at 10.30 a.m. for the period of three months;

(c) the Petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the Petitioner shall not abscond either during investigation or trial;

3/6

(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 by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.09.2025 rna 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.

4/6

To 1.The learned Judicial Magistrate-01, Kancheepuram. 2.The Sub-Inspector of Police, Siva Kanchi Police Station, Kancheepuram District.

3.The Superintendent of Prison, Central Prison-II, Chennai.

4.The Superintendent of Prison, Central Prison, Vellore.

5.The Public Prosecutor, High Court, Madras T.V.THAMILSELVI, J.

5/6

rna Crl.O.P.Nos.23982 & 23877 of 2025 10.09.2025 6/6