Kannagi v. State Rep By The Inspector Of Police

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

1. Kannagi

2. Dasarathan ... Petitioners Vs The State rep. by, The Inspector of Police, Katpadi Police Station, Vellore District.

(Crime No.357 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.357 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. G. Balamanikandan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 18.09.2025, for the offences punishable under Sections 111 & 123 of BNS in Crime No.357 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were in possession of TANYDOL 100 and TAPENTADOL HYDROCHLORIDE tablets and those tablets are not scheduled drugs. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that the petitioners has been falsely implicated in this case and they are injudicial custody since 18.09.2025 and the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners, reiterated the 2/6

prosecution case and states that the petitioners are attempting to sell the drugs to the juvenile. However, the same was recovered and that the investigation has been completed

5. Heard both sides and perused the materials available on record.

6. Considering the nature of the allegations, the fact that the the contraband seized from the petitioners are not narcotic drugs or psychotropic substances and they are schedule drugs taking into account the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi 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 3/6

copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall stay at Salem and report before the Salem Town Police Station for a period of three weeks, and thereafter report before the respondent police station as and when required for interrogation;

[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 de facto 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 4/6

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. 15.10.2025 smn 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.

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K.RAJASEKAR, J.

smn To 1.The Judicial Magistrate, Katpadi 2.The Inspector of Police, Katpadi Police Station, Vellore District.

3.The Superintendent, Central prison for women, Vellore.

4. The Superintendent, Central prison, Vellore. 4.The Public Prosecutor, High Court of Madras.

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