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2026 DAILYLAW 52228 (MAD)

Kaviyarasan v. State represented by, The Inspector of Police,

CRL OP/19300/2026 · 2026-07-21

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19300 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19300 of 2026 1. Kaviyarasan 2. Arunkumar ..Petitioners Vs State represented by, The Inspector of Police, S-7, Madipakkam Police Station, Chennai. Crime No.260 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail concerned in Crime No.260 of 2026 pending on the file of the Respondent. For Petitioners: Mr.P.Narayana Prasadh For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 11.06.2026 for the alleged offences under Sections 8(c), 22(b) & 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 and 123 of the Bharatiya https://www.mhc.tn.gov.in/judis CRL OP No. 19300 of 2026 __________ Page2 of 5 Nyaya Sanhita (BNS), 2023 in Crime No.260 of 2026 on the file of the respondent police, seek bail. 2. The case of the prosecution is that the petitioners were found to be in possession of 1000 Tapendatol Tablets. Hence, the case. 3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have been incarcerated since 11.06.2026, however, fairly conceded that the petitioners have no criminal antecedents. However, he opposed the grant of bail to the Petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case; taking note of the https://www.mhc.tn.gov.in/judis CRL OP No. 19300 of 2026 __________ Page3 of 5 submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and the fact that the quantity involved is an intermediate one and upon the further fact that the petitioners have no criminal antecedents, this Court is of the firm view that further incarceration of the petitioners for the investigation is not required. Hence, this Court is inclined to grant bail to the petitioners subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 No.II, Alandur, 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners 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 petitioners in accordance with https://www.mhc.tn.gov.in/judis CRL OP No. 19300 of 2026 __________ Page4 of 5 law as if the aforementioned conditions have been imposed and the petitioners 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. 21-07-2026 SHL 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 the official website of this Court will be watermarked and will also have a QR code. To: 1. The Judicial Magistrate No.II, Alandur 2. The Inspector of Police, S-7, Madipakkam Police Station, Chennai. 3. The Central Prison, Puzhal 4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 19300 of 2026 __________ Page5 of 5 C.KUMARAPPAN J. SHL CRL OP No. 19300 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis