Rahaman Sheriff vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 13.10.2025, for the alleged offence punishable under Section 111, 123 of BNS Act, 2023 296(b), 103 of BNS in Crime No.439 of 2025, on the file of the respondent police, seeks bail.

The case of the petitioner is that the petitioner is one of the member in the group involved in selling the Tapentadol tablets to the students and local public at Vellore for his personal gain. Hence, the complaint.

Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 13.10.2025. He further submitted that the co-accused was released on bail. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally 16 accused involved in this case, the petitioner is ranked as A4 and they are acted as a gang, six among them were still absconding. He further submitted that the investigation in this case is pending and gang involved in selling contraband and the same was importing from various States. Hence, he opposed for the grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the fact that the petitioner is in judicial custody from 13.10.2025, and also 204 numbers of tablet seized and from the petitioner only 20 tablets were recovered, and that the co-accused was also released on bail by this Court in Crl.OP.No.30451 of 2025 dated 18.11.2025 and the petitioner has no previous case, 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, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Vellore and on further conditions that:-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] 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.

[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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

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