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Madras High CourtCRL OP/30441/2025granted

Bala v. The State Represented By,

2025-11-07Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30441 of 2025 Bala ... Petitioner Vs.

The State Represented by, Sub-Inspector of Police, Cheyyar, Tiruvannamalai District.

(Crime No.486 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in connection with Crime No.486 of 2025 on the file of the respondent police. For Petitioner : Mr.M.Raja 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 20.10.2025 for the alleged offence under Sections 296(b), 132, 123 of BNS, 2023, in Crime No.486 of 2025 on the file of the respondent police, seek bail.

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2. The case of the prosecution is that the petitioner along with other accused were found to be in illegal possession and use of Tydol 100mg tablets and syringes. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner had been falsely implicated and that no seizure was made from the petitioner; and that based on the confession of arrested accused / A1, this petitioner was added as accused No.2. Hence, he prays for the grant of bail.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner along with other accused was found to be in illegal possession and use of drug tablets and syringes. He further submitted that the petitioner is having one previous case.

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

6. Taking into consideration the quantity of drugs involved in this case, that the alleged contraband of drugs was seized only from A1 and the fact that the petitioner is in Judicial Custody from 20.10.2025, this Court is inclined to grant bail to the petitioner.

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 only) 2/5

with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Cheyyar, and on further condition that: [a] the sureties shall affix his 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., 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];

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K.RAJASEKAR , J., kmm [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.11.2025 kmm 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, Cheyyar.

2. The Sub-Inspector of Police, Cheyyar, Tiruvannamalai District.

3. Central Prison, Puzhal, Vellore.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.30441 of 2025 4/5