Musthaq v. State Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Musthaq 2.Manoj @ Sham ... Petitioners -vsState Rep by, The Inspector of Police, Vellore South (L&O) Police Station, Vellore, Vellore District.

(Crime No.210 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail in Crime No.210 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.G.Vinodh Kumar For Respondent :

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 13.10.2025, for the alleged offence punishable under Sections 111 & 123 of BNS in Crime No.210 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners are one of the members in the group involved in selling the Tapentadol tablets to the students and local public at Vellore for his personal gain. Hence, this case. 3.

The learned counsel appearing for the petitioners submitted that the petitioners are in judicial custody since 13.10.2025 and they are ready to abide by any conditions that may be imposed by this Court and prays to grant bail to the petitioners.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners, reiterated the prosecution case and stated that totally there are 16 accused involved in this case and they are acted as a gang, six among them were still absconding. He further reported that investigation in this case is pending and gang involved in selling contraband and the same was importing from various States. He also reported that investigation is in crucial stage. He further submitted that there are no 2/6

previous cases against the petitioners. Hence, 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 fact that the petitioners are in incarceration from 13.10.2025, and also the 204 numbers of tablet seized from the petitioners, and the seized contraband is also scheduled under the NDPS Act and that the petitioner has no previous case, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Vellore, and on further conditions that:- [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 petitioners shall report before the respondent 3/6

police daily at 10.30 a.m., for a period of three weeks; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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];

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

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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-I, Vellore.

2.The Inspector of Police, Vellore South (L&O) Police Station, Vellore, Vellore District.

3.The Superintendent of Prison, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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