Barath vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 23.12.2025 for the alleged offence under Section 123, 278 of BNS Act, 2023 r/w 77 OF JJ Act in Crime No.263 of 2025 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, he joined hands with other accused involved in illegal transportation and possession of 600 nos. of Tapentadol tablets used for the purpose of intoxication, used by injection after being mixed with saline water and petitioner was arrested and in judicial custody since 23.12.2025.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case and was in judicial custody since 23.12.2025 and that the property has been recovered. He further submitted that similarly placed co-accused in this case was already arrested and released on bail by this Court in Crl.O.P.No.35193 of 2025 dated 19.12.2025. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, the learned counsel prays to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and, upon instructions submitted that there are fifteen previous cases pending and there is no recovery from this petitioner. Hence, he opposed to grant bail to the petitioner.

I have heard the learned counsel on either side and also perused the materials available on record.

7.Considering the facts and circumstances of the case, and also taking note of the submission made by the learned Government Advocate (Crl.Side); though there are some previous cases pending against the petitioner; there is no recovery from this petitioner and similarly placed co-accused has already granted bail by this Court in Crl.O.P.No.35193 of 2025 dated 19.12.2025 and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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 each, for a like sum to the satisfaction of the learned District cum Judicial Magistrate, Gummundipoondi at Tiruvallur 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 appear before the District cum Judicial Magistrate, Gummidipoondi at Tiruvallur, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation before the respondent police;

[c] 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 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]

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