Sriram vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 26.04.2026 for the alleged offences under Sections 278 and 123 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.209 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, aged 19 years, was found in possession of 1,000 Tapentadol tablets (100 mg each), valued at approximately Rs.4,14,000/-. Hence, the case.

The learned counsel appearing 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 has been in judicial custody since 26.04.2026 and is ready to abide by any conditions that may be imposed by this Court. It is his specific submission that the petitioner is a college student pursuing his first-year course and that his continued incarceration would affect his studies. Hence, he prayed for grant of bail.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has one previous case of a similar nature and that the investigation has already been completed.

Though the petitioner has one previous case of similar nature, considering the age of the petitioner, the fact that the petitioner is a college student pursuing his first-year course, the period of incarceration undergone by him, and also the fact that the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, 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, Thiruvallur 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. for a period of two 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 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.