Kishore @ Kishore Kumar v. The State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27736 of 2025 Kishore @ Kishore Kumar ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Thiruverkadu Police Station, Chennai.
(Crime No.521 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.521 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. S. Sasikumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.08.2025, for the offences punishable under Section 123 of BNS in Crime No.521 of 2025, registered on the file of the respondent police, seeks bail.
2.
The case of the prosecution is that the petitioner was found in possession of 800 nos. of Tydol (100 mg) tablets worth about Rs.33,000/- along with five syringe without any valid license. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case and he is judicial custody since 26.08.2025. He further submitted that similarly placed co-accused was granted bail by this Court, vide order dated 17.09.2025 in Crl.O.P.No.25093 of 2025 and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Criminal Side) appearing 2/6
for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and stated that there are totally two accused in this case and the petitioner is arrayed as A2; that the petitioner has one previous case under NDPS Act; and that the investigation is pending. 5.
Considering the facts of the case, the fact that the co-accused was already released on bail, the contraband involved in this case is not a narcotic substance and the period of incarceration undergone by the petitioner, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Poonamallee 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 3/6
identity proofs to ensure their identity;
[b] the petitioner shall report the respondent police daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; [c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10.10.2025 stn 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 4/6
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-II, Poonamallee.
2. The Inspector of Police, Thiruverkadu Police Station, Chennai.
(Crime No.521 of 2025)
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
stn Crl.O.P. No.27736 of 2025 10.10.2025 6/6