Sivanesan @ Chikku vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 18.09.2025, for the alleged offence punishable under Sections 111, 123 of BNS in Crime No.357 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 18.09.2025 at about 12.30 hours, the police received an information, on the basis of which accused A1 to A5 were arrested and 80 numbers of Tanydol 100 mg @ Tapentadol Hydrochloride Tablets were recovered. Based on the complaint, the respondent police arrested the accused A7 to A10 and recorded their statements, and it was revealed that they had purchased the tablets from A20, from whom a huge quantity – 9500 Tapentadol tablets was recovered. Hence, this case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 18.09.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing the bail to the petitioner, reiterated the prosecution case and states that the petitioner is attempting to sell the drugs to the juvenile. However, the same was recovered and that the investigation has been completed and there is no previous case is pending against the petitioner.

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

Considering the nature of the allegations, the fact that the contraband seized from the petitioner is neither narcotic drugs or psychotropic substances and it is schedule drug, taking into account the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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, Katpadi, 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 stay at Dharmapuri and report before the Athiyamankattai Police Station for a period of three weeks and thereafter report before the respondent police as and when requires 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.