V.Gowrishankar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 04.04.2026 for the alleged offences under Sections 123 and 278 of BNS [Corresponding Sections 328 and 276 of IPC] in Crime No.110 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner and other accused have a habit of consuming drugs and were involved in the sale of drug tablets, namely Tapentadol tablets. The petitioner was found in possession of 400 Tapendatol tablets. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 04.04.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the bail application on the ground that there are four accused in this case and the petitioner is arrayed as A4. He would submit that the total recovery from the accused persons is 1600 Tapendatol tablets and that the same were procured from Gujarat. He further contended that 400 Tapendatol tablets were recovered from the possession of the petitioner, and that, if enlarged on bail, he may jeopardise the prosecution case.

Taking into consideration of the totality of the circumstances, though there are allegations against the petitioner, this Court finds that the petitioner has been in incarceration since 04.04.2026 and that a major portion of the investigation might have been completed by this time. Accordingly, this Court is of the firm view that further custodial interrogation of the petitioner is not required. Hence, 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 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, Vaniyambadi, Tirupattur District, 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 report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period of 60 days, 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 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];

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