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Madras High CourtCRL OP/29739/2025granted

Kishorekumar v. The State Of Tamilnadu Rep. By

2025-11-06Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Kishorekumar ... Petitioner -vsState of Tamil Nadu Rep by, The Inspector of Police, Katpadi Police Station, Vellore District.

(Crime No.356 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.356 of 2025 pending investigation on the file of the Respondent police.

For Petitioner :

Mr.M.Sathish Kumar For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.09.2025, for the alleged offence punishable under Sections 111, 123 of BNS in Crime No.356 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.09.2025, based on a secret information, the respondent police went to the spot and found that the petitioner and other accused persons were involved in illegal possession huge quantity of Tapildon 100 and TAPENTADOL 100 mg tablets (600 numbers). Hence, 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 18.09.2025; that the co-accused/ A3, A4, A6, A9 and A10 were already granted bail by this Court; 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 2/6

case and stated that there are totally 15 accused involved in this case and the petitioner is arrayed as A1; that total of 600 nos. of Tapentadol tablets were involved in this case out of which 120 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. Heard both sides and perused the materials available on record including the First Information Report.

6. 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, the co-accused were already enlarged on bail 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.

7. 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 District, and on further conditions that:- 3/6

[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 daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation by the respondent police;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

06.11.2025 (3/3) 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.

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

3.The Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna 06.11.2025 (3/3) 6/6