Dismissed¶25

Kavin v. The State Rep. by the Inspector of Police

Madras HC17 Sept 2025CRL OP/16364/2025

Case brief

AI extract

What is this about?

Bail application under S.483 BNSS dismissed by Madras HC (K. Rajasekar, J., 17.09.2025); Cr.No.249/2025, Central Police Station, Tiruppur City; petitioners Kavin and Karthikeyan (A1, A2); charges Ss.123, 286 BNS (328, 284 IPC) r/w 22(a)-(c), 29(1), 8(c) NDPS Act; no recovery from petitioners; investigation incomplete; Tramadol of commercial quantity; S.37 NDPS condition unsatisfied; bail denied.

What did the court decide?

Since the investigation in this case is yet to be completed and the narcotic drug involved (Tramadol) is of commercial quantity, Section 37 of NDPS Act has to be satisfied before granting bail; at this stage the Court is not inclined to grant bail to the petitioners. ¶24

Kavin Vs The State Rep. by the Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

¶1

Crl.OP.No.16364 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 17.09.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

¶6

Crl.O.P.No.16364 of 2025

¶7

Kavin 2. Karthikeyan ... Petitioners Vs. State Rep by The Inspector of Police, Central Police Station Tiruppur city ... Respondent (Cr.No. 249 of 2025)

¶8

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.249 of 2025 pending investigation on the file of the The Inspector of Police, Central Police Station,Tiruppur City.

¶9

For Petitioners : Mr.P.Thinesh For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

¶10

O R D E R

¶11

The petitioners, who were arrested and remanded to judicial

¶12

custody on 20.05.2025, for the offences punishable under Sections 123 and 286 of BNS ( Section 328 & 284 of IPC) r/w Section 22(a), 22(b), 22(c),

¶13

1/6

¶14

https://www.mhc.tn.gov.in/judis

¶15

Crl.OP.No.16364 of 2025

¶16

29(1) and 8(c) of NDPS Act in Crime No. 249 of 2025, on the file of the respondent Police, seeks bail.

¶17

The allegation against these petitioners is that while the respondent police arrested the co-accused for illegal possession of 1.242 Kgs of Narcotic pills and 54 bottles of Codeine Phosphate Triproidive HCL syrup, based on their confession statement, it reveals that these petitioners actively colluded and procured the same. Hence, the case.

¶18

Learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are no way connected with the alleged offence however, they are suffering incarceration from 20.05.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

¶19

The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that there are totally five accused in this case and the petitioners are arrayed as A1 and A2. He submits that no recovery has been made from these petitioners and in this case, investigation is going on. Hence, he strongly opposed to grant

¶20

2/6

¶21

https://www.mhc.tn.gov.in/judis

¶22

Crl.OP.No.16364 of 2025

¶23

anticipatory bail to the petitioner.

¶24

5. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the fact that the investigation in this case is yet to be concluded and the narcotic drug involved in this case namely Tramadol which is of commercial quantity hence, Section 37 of NDPS Act has to be satisfied before granting bail to the petitioner. Since the investigation in this case is yet to be completed, at this stage, this Court is not inclined to grant bail to the petitioners.

¶25

6. Accordingly, this Criminal Original Petition stands dismissed.

17.09.2025

(2/2)