Rajaprasath vs The State Rep By, The Inspector Of Police
2026 Latest Caselaw 2084 Mad

Citation : 2026 Latest Caselaw 2084 Mad
Judgement Date : 21 April, 2026

[Cites 1, Cited by 0]

Madras High Court

Rajaprasath vs The State Rep By, The Inspector Of Police on 21 April, 2026

                                                                                CRL OP No. 9980 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED: 21-04-2026
                                                           CORAM
                                    THE HON'BLE MR.JUSTICE C.KUMARAPPAN
                                                 CRL OP No. 9980 of 2026
                 Rajaprasath S/o Settu,
                 No.52, Sampath Nagar,
                 Fort Backside,
                 Vellore.
                                                                                      ..Petitioner(s)
                                                              Vs
                 The State represented by:

                 The Inspector of Police
                 Vellore North L and O Police Station,
                 Vellore.
                 [Crime No.75 of 2026]
                                                                                    ..Respondent(s)

                PRAYER: The Criminal Original Petition has been filed under Section 483 of

                B.N.S.S. praying to enlarge the petitioner on bail as against the case in Crime

                No.75 of 2026 pending on the file of the respondent police.

                                  For Petitioner(s):        M/S. D.Thirumoorthy
                                  For Respondent(s):        Mr. S. Vinoth Kumar,
                                                            Government Advocate (Criminal side).

                                                           ORDER

The petitioner, who was arrested and remanded to judicial custody on

19.03.2026 for the alleged offences under Sections 111 and 123 of B.N.S. in

Crime No.75 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the accused was found in illegal

possession of 220 tablets of Tapentadol. Hence the case.

3. The learned counsel appearing for the petitioner would submit that

there are three accused and the petitioner is A2 and he has been remanded to

judicial custody on 19.03.2026. He would further submit that even according to

the prosecution, 220 tablets of Tapentadol were recovered from A1 and this

petitioner and other accused have been implicated through the confession of A1

and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the

respondent police has reiterated the prosecution case and though objected to

enlarge the petitioner on bail, he would fairly submit that there is no previous

case against the petitioner.

5. I have given anxious consideration to the submissions made by the

learned counsel on either side.

6. Taking into consideration of the totality of circumstances, upon the

fact that the petitioner has been under judicial custody since 19.03.2026 and

upon the further fact that the petitioner has no previous bad antecedents, this

Court is inclined to enlarge the petitioner on bail, subject to the following

stringent conditions:

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7. Accordingly, the petitioner is ordered to be released on bail on his

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 on further conditions that:

[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 sign before the respondent police daily at 10.30

a.m. and 5.30 p.m. for a period of 30 days 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 pass appropriate orders against the

petitioner in accordance with law as if the aforementioned conditions have been

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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]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under

Section 269 of B.N.S.

21-04-2026 MJS

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.

1. The Judicial Magistrate No.IV, Vellore.

2. The Inspector of Police, Vellore North L and O Police Station, Vellore.

3. The Superintendent of Police, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.-

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C.KUMARAPPAN, J.

MJS

21-04-2026

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