A.Anburaj vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 26.01.2023 for the alleged offences punishable under Section 328 of I.P.C, in Crime.No.47 of 2023, seeks bail.

The case of the prosecution is that the respondent Police was on regular patrol on 26.01.2023, the petitioner along with A2, was found in possession of intoxicating drugs namely, Tapentadol 100mg tables( 6 Nos.) and 5 syringe for illegal sale. Further the petitioner was found in possession of Rs.1,400/-, the sale amount. Hence, the complaint.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and he is ready to abide by any stringent conditions that may be imposed by this Court and he is in judicial custody from 26.01.2023 Hence, he prays to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner along with the other accused were illegally selling Tapentadol 100mg tables to the public. He also stated that no previous case is pending as against the petitioner, however, he opposed to grant bail to the petitioner.

At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

In order to curb the illegal activities of selling intoxicating drugs, this Court is of the opinion that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of “Registered Advocate Clerks Association, Erode", without prejudice to their rights and contentions before the trial Court.

Merely, because the petitioner deposits the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.

Taking into consideration the facts of the case and the stage of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) each to the credit of “Registered Advocate Clerk's Association, Erode”, and on such deposit and production of proof, the petitioner is ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one should be the blood surety, who should produce document to show his/her means), each for a like sum to the satisfaction of the learned Judicial Magistrate -I, Erode and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two months 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 evidence or witness either during investigation or trial;

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

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.