Citation : 2026 Latest Caselaw 1828 Mad
Judgement Date : 10 April, 2026
Crl.O.P.No.9058 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9058 of 2026
Naresh ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
Vellore North L&O Police Station,
Vellore District.
Tamil Nadu. ... Respondent(s)
Crime No.91 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.91 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.Sriraam
For Respondent(s) : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
24.03.2026 for the alleged offences under Sections 111 and 123 of the Bharatiya
Nyaya Sanhita, 2023, in Crime No.91 of 2026 on the file of the respondent
police, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner was found in
possession of 30 numbers of Tapentadol tablets. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that the
petitioner is innocent and has been falsely implicated in this case. He would
further submit that the petitioner has been in judicial custody since 24.03.2026
and is ready to abide by any conditions that may be imposed by this Court.
Hence, he prayed for grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent police, while opposing the grant of bail, reiterated the prosecution
case and, on instructions, submitted that the petitioner has no bad antecedents
and that a major portion of the investigation has already been completed.
5. Considering the above facts and circumstances of the case and taking
into account the period of incarceration undergone by the petitioner, the fact that
the petitioner has no bad antecedents and also the fact that a major portion of the
investigation has already been completed, this Court is inclined to enlarge the
petitioner on bail, subject to certain conditions.
https://www.mhc.tn.gov.in/judis
6. Accordingly, the petitioner is ordered to be released on bail on their
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
with two sureties each for a like sum to the satisfaction of the learned Judicial
Magistrate IV, Vellore and subject to the following conditions:
[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 twice a day at 10.30 a.m. and 05.30 p.m. for a period of two 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
https://www.mhc.tn.gov.in/judis
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
10.04.2026 skr
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.
https://www.mhc.tn.gov.in/judis
To
1. The learned Judicial Magistrate IV, Vellore
2. The Superintendent, Central Prison, Vellore.
3. The Inspector of Police, Vellore North L&O Police Station, Vellore District.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN,J.
skr
10.04.2026
https://www.mhc.tn.gov.in/judis
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