Sudesi v. The State Rep By The Inpsector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33908 of 2025 Sudesi Petitioner Vs The State Represented by The Inspector of Police, Gummidipoondi Police Station, Tiruvallur District.

Crime No.263 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner pending investigation in Crime No.263 of 2025 on the file of the respondent police.

For Petitioner:

Mr.V.Karthick For Respondent:

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.10.2025 for the alleged offence punishable under Sections 123, 278 BNS r/w Section 77 JJ Act, in Crime No.263 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner is ranked as A2. It is alleged that the petitioner joined hands with other accused was involved in the transportation and possession of 600 nos. of tapentadol tablets. During the course of investigation, it was revealed that these tablets were used for intoxication after being mixed with stagnant water and also by injection. Hence, a complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 29.10.2025. He further submitted that the property was recovered. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are totally two accused in this case and the petitioner is ranked as A2. He

further submitted that the petitioner is having two previous cases under IPC offence. He further submitted that the petitioner went to the Mumbai and brought the tablets on instigation of other accused and that the investigation is pending. Hence, he opposed to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the gravity of the offence, the fact that the tablets have been recovered, though the petitioner has two previous cases, which is not a similar nature, and the petitioner is in judicial custody from 29.10.2025, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Gummidipoondi, 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 petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[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];

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

11.12.2025 drl 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, Gummidipoondi.

2.The Inspector of Police, Gummidipoondi Police Station, Tiruvallur District.

3.The Superintendent, Central Prison, Puzhal-II.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.33908 of 2025 11.12.2025