Murtuza Turab Jasdan Vs The State Rep By, The Sub-Inspector Of Police

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.01.2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.133 of 2026

¶2

Murtuza Turab Jasdan ... Petitioner

¶3

Vs.

¶4

State Rep by its, The Sub Inspector of Police, Katpadi Police Station, Vellore District Crime No.372 of 2025 ... Respondent

¶5

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.372 of 2025 pending investigation on the file of the respondent police.

¶6

For Petitioner : Mr.R.Hari Krishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

¶7

ORDER

¶8

The petitioner, who was arrested and remanded to judicial custody

¶9

on 28.10.2025 for the alleged offence under Sections 111,123 of the BNS, 2023 and Section 77 of the Juvenile Justice ( Care and Protection of Children) Act, 2015 in Crime No.372 of 2025 on the file of the respondent police, seeks bail.

¶10

Page 1 of 6

¶11

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

¶12

The case of the prosecution is that on 16.05.2025 around 9. p.m

¶13

the Sub-Inspector of Police, Arakkonam allegedly received information that two individuals ( A1 and A2 in Crime No.14/2025) were attempting to sell Tapentadol 100 mg tablets near SR Gate, Kanchipuram Road to youths and students. Acting upon the tip-off, A1 and A2 were said to have been apprehended and 591 tablets of Tapentadol were seized. During interrogation, it is alleged that other accused gave a confessional statement claiming to have purchased Tapentadol tablets from one Take Care Medical Store, Mumbai operated by A7. On the strength of the confession A7/petitioner were remanded on 28.10.2025. Hence the complaint.

¶14

The learned counsel for the petitioner would submit that the petitioner is having two previous case including Crime No.357 of 2025 on the file of Katpadi police Station and this Court has granted bail in Crl.O.P.Nos. 31708 and 31747 of 2025 vide order dated 24.11.2025. This is the third case and the petitioner is in custody from 28.10.2025 and ready to abide by any condition that may be imposed by this Court. Therefore, he prays for grant bail to the petitioner.

¶15

Page 2 of 6

¶16

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

¶17

The learned Government Advocate (Crl.side) reiterated the

¶18

prosecution case and submitted that the petitioner is supplying the Tapentadol tablets from Mumbai and he caught red handed while transporting 500 tablets. He further submitted investigation in this case is still pending and opposed to grant bail to the petitioner.

¶19

Heard both sides and perused the materials available on record

¶20

including the First Information Report.

¶21

Considering the submissions of the learned counsel on either side and the fact that the petitioner was arrested in two cases which is registered on the file of the respondent police and bail was granted in another case and the fact that the petitioner is a supplier and he is in judicial custody from 28.10.2025, this Court is inclined to grant bail to the petitioner on certain conditions.

¶22

7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Page 3 of 6

¶23

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

¶24

the

¶25

Thousand only) with two sureties, for a like sum to the satisfaction of

¶26

the learned Sessions Judge, Special Court for Exclusive Trial of cases

¶27

under POCSO Act at Vellore, and on further conditions that:-

¶28

[a] the sureties shall affix their photographs and

¶29

Left Thumb Impression in the surety bond and the Magistrate

¶30

may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

¶31

[b] the petitioner shall report before the

¶32

respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

¶33

[c ] the petitioner shall not abscond either during investigation or trial;

¶34

[d] the petitioner shall not tamper with the

¶35

evidence or witness either during investigation or trial;

¶36

Page 4 of 6

¶37

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

¶38

[e] On breach of any of the aforesaid conditions,

¶39

the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner

¶40

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)AIR SCW 5560];

¶41

[f] If the accused thereafter absconds, a fresh

¶42

FIR can be registered under Section 269 B.N.S.

08.01.2026

smn

Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

¶47

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.

¶48

Page 5 of 6

¶49

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

K.RAJASEKAR, J.,

smn

To