Nikul Rajesh Jain v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.29251 of 2025 Nikul Rajesh Jain ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Katpadi Police Station, Vellore District.
(Crime No.372 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.372 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. Yogesh Rawool For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 14.10.2025 for the offences punishable under Sections 111 and 123 of BNS read with Section 77 of the Juvenile Justice Act in Crime No.372 of 2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that on 27.09.2025, based on a secret information, the respondent police went to the spot and found that the accused persons were involved in illegal possession and selling of Tapentadol Hydrochloride tablets to the local youths, who inject those drugs for intoxication; that upon investigation, it is revealed that the petitioner herein had supplied the Tapentadol tablets from Mumbai to various persons in Tamil Nadu; that huge quantity of Tapentadol tablets were involved in this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 14.10.2025; that the tablets alleged to have been 2/6
seized is only schedule-H drugs and does not fall within the schedule of narcotic substance; and that 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 (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that there are totally 27 accused involved in this case and the petitioner is arrayed as A25; that total of 3100 nos. of Tapentadol tablets were involved in this case out of which 800 nos. of Tapentadol tablets were seized from the petitioner herein and he has no previous antecedents; that the seized tablets are not scheduled drugs; and that the investigation of this case is pending. 5.
Considering the facts and circumstances of the case, the petitioner has no previous antecedents, the seized contraband from the petitioner is not a narcotic drugs or psychotropic substances and taking into account of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6
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, Katpadi, Vellore 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 report before the respondent police daily at 10:30 a.m. and 6:30 p.m., until further orders;
[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];
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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
31.10.2025 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 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, Katpadi, Vellore.
2. The Inspector of Police, Katpadi Police Station, Vellore District.
(Crime No.372 of 2025)
3. The Superintendent, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
stn Crl.O.P. No.29251 of 2025 31.10.2025 6/6