Thowbik Sardhar v. State Of Tamilnadu Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.29593 of 2025 Thowbik Sardhar ... Petitioner Vs.
State of of Tamilnadu represented by The Inspector of Police Katpadi Police Station, Vellore District.
... Respondent (Cr.No.356 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.356 of 2025 on the file of the respondent. For Petitioner : Mr.R.Thangavel For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
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.
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2. The case of the prosecution is that on September 18, 2025, based on the secret information, the respondent police went to the scene of occurrence, they found that the petitioner and others were found in possession of 20 numbers of Tapentadol tablet each containing 100 mg. Hence, the case.
3. The kearned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the co-accused were enlarged on bail by this Court vide orders dated 14.10.2025, 16.10.2025 and 23.10.2025 in Crl.OP.Nos. 28060, 28300, 28306, 28357 and 28501 of 2025 respectively. He further submitted that the petitioner was arrested and he is in judicial custody from 18.09.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that there are totally 15 accused involved in this case and the petitioner is arrayed as A7. 2/7
He further reported that the specific overtact against the petitioner is that he has used to get tablets on wholesale basis and distributed the same to the other accused persons, used to dilute the tablets into liquid by using Sodium Choloride IF Fluids and sold the said drugs in liquid form by loading into syringes and also used to inject the same to the school and college students at nearby locality. The learned Government Advocate states that the petitioner is having one previous case of similar nature and he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner and the coaccused were released on bail, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand 3/7
only) with two sureties, 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 copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent police at 10.30 a.m for a period of three weeks and thereafter 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 4/7
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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.10.2025 Vv 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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To
1. The Judicial Magistrate, Katpadi
2. The Inspector of Police Katpadi Police Station, Vellore District.
3. The Vellore Central Prison, Thorapadi.
4.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
Vv Crl.O.P.No29593 of 2025 30.10.2025 7/7