Suresh v. State Rep.By

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

21.11.2025 for the alleged offences under Sections 278 and 123 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.335 of 2025 on the file of the respondent police, seeks bail.

¶2It is the case of the prosecution that the petitioner was found in possession of 55 Tapentadol tablets. Hence, the case.

¶3The learned counsel 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 was already in judicial custody in connection with another case and was formally arrested in the present case on 26.11.2025. It is his specific submission that the co-accused has already been enlarged on bail, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). He would further submit that the petitioner is the only earning member of his family and has to take care of his grandmother, who is aged about 80 years. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner is a habitual offender. He would, however, fairly submit that a major portion of the investigation has already been completed.

¶5Though the allegations levelled against the petitioner are serious in nature, considering the period of incarceration undergone by the petitioner, the fact that a major portion of the investigation has already been completed, the fact that the co-accused has already been enlarged on bail, and also the fact that the petitioner has to take care of his 80-year-old grandmother, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶6Accordingly, 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-I, Poonamallee, Tiruvallur District 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. until further orders; [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]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

07.07.2026 skr Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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

¶1The learned Judicial Magistrate-I, Poonamallee, Tiruvallur District.

¶2The Superintendent, Sub Jail, Poonamallee

¶3The Inspector of Police, R11-Ramapuram Police Station, Tiruvallur District

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

07.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Suresh ... Petitioner(s) Vs. The State rep. by The Inspector of Police, R11- Ramapuram Police Station, Tiruvallur District ... Respondent(s) Crime No.335 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.335 of 2025 pending on the file of the respondent police. For Petitioner(s) : Mr.M.Tamilselvan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)