CRL OP No. 15021 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 15021 of 2025 Gokul @ Sachin Son of Vadivel, No.89, Pandavar Street, Arisipalayam, Lee Bazaar Salem Salem Petitioner Vs STATE rep by The Inspector of Police Police Station, Salem District. Crime No.116 of 2025 Respondent PRAYER To enlarge the petitioner on bail in crime no.116 of 2025 on the file of the Inspector of Police, Kitchipalayam Police Station, Salem District and thus render justice For Petitioner: Mr.B.Vasudevan For Respondent: Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis CRL OP No. 15021 of 2025 ORDER Petition seeking bail in respect of Crime No.116 of 2025 registered for the alleged offences punishable under Section 123 of BNS Act, is on board for consideration. 2. The case of the prosecution is that the petitioner along with the other accused were found in illegal possession of 1) 800 Tapentadol tablets-100mg (pain killer tablets), 2)VIVO phone, 3) Pulsor two wheeler vehicle TN-30-AF- 8206, 4) cash of Rs.12,000/- and also supplied 100 tablets Tapentadol tablets- 100 mg to each other co-accused/A1 to A3. Hence the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he has nothing to do with the alleged offence and the petitioner has been suffering incarceration from 06.04.2025. Hence, he prays for grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 15021 of 2025 4.The learned Government Advocate (crl.side) submitted that the petitioner along with the other accused were found in illegal possession of 1) 800 Tapentadol tablets-100mg (pain killer tablets), 2)VIVO phone, 3) Pulsor two wheeler vehicle TN-30-AF-8206, 4) cash of Rs.12,000/- and also supplied 100 tablets Tapentadol tablets-100 mg to each other co-accused/A1 to A3. He would further submit that the petitioner is having one previous case. Hence, he vehemently opposed to grant bail to the petitioner. 5. Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, and 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 with the following conditions: (1) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.2, Salem. (2) The petitioner shall report before the respondent police everyday at 10:30 a.m., until further orders; (3) The sureties shall affix their photographs and left thumb https://www.mhc.tn.gov.in/judis CRL OP No. 15021 of 2025 impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (4) The petitioner shall make himself available for interrogation by a Police Officer as and when required; (5) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses; (6) The petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; (7) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283]. (8) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.05.2025 gbi/jai https://www.mhc.tn.gov.in/judis CRL OP No. 15021 of 2025 Note:- 1. Registry is directed to forthwith upload this order in the official website of this Court. 2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 15021 of 2025 To 1.STATE rep by The Inspector of Police Police Station, Salem District. Crime No.116 of 2025. 2.The Judicial Magistrate Court No.2, Salem. 3.The Superintendent, Central Prison, Salem. 4.The Public Prosecutor, High Court of Madras, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 15021 of 2025 M.NIRMAL KUMAR J. gbi/jai CRL OP No. 15021 of 2025 14-05-2025 https://www.mhc.tn.gov.in/judis