Akash v. State By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.33663 of 2025 Akash ... Petitioner Vs.

State by The Inspector of Police, Katpadi Police Station, Vellore District.

... Respondent (Cr.No.369 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.369 of 2025 on the file of the respondent police.

For Petitioner : Mr.D.Thirumoorthy For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 111 and 123 of BNS, 2023 @ 111 and 123 of BNS,2023 (Section 111 and 328 of IPC) and Section 77 of Juvenile Justice Act in Cr.No.369 Known of 2025, on the file of the respondent police. seeks anticipatory bail. 1/6

2. The case of the prosecution is that the petitioner is arrayed as A2 and that he had paid a sum of Rs.26,000/- for the purchase and sale of 3,100 Tapentadol tablets. It is further alleged that some of the accused persons involved in this case had received the tablets and handed over the same to A1 to A14 for the purpose of sale, which led to the registration of the present FIR. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that one of the accused involved in this case has already been enlarged on anticipatory bail by this Court, vide order dated 02.12.2025 in Crl.O.P.No.30246 of 2025. It was further submitted that the petitioner is ready and willing to cooperate with the investigation and, therefore, prayed for the grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that a total of 27 accused are involved in this case and that 3,100 Tapentadol tablets were recovered. It was further submitted that from the statement recorded from A1, it was revealed that there exists a large network of persons 2/6

involved in misusing Tapentadol tablets for the purpose of intoxication. However, it was also reported that the petitioner has no previous criminal antecedents. On these grounds, the learned Government Advocate opposed the grant of anticipatory bail.

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

6. Considering the fact that one of the co-accused has already been enlarged on bail by this Court, the absence of any previous criminal antecedents on the part of the petitioner, and the fact that the contraband has already been recovered, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Katpadi on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that;

that:

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(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity; (c) 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;

(d) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner shall not abscond either during investigation or trial:

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; 4/6

(g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15.12.2025 Vv To

1. The Judicial Magistrate, Katpadi

2. The Inspector of Police, Katpadi Police Station, Vellore District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.33663 of 2025 15.12.2025 6/6