Aathish vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 06.04.2024 in Crime No.210 of 2024 registered for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B), 25, 29(i) of Narcotic Drugs and Psychotropic Substances Act, 1985, on the file of the respondent seeks bail.

Learned counsel appearing for the petitioner submitted that the petitioner, aged about 23 years 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 only based on the confession statement recorded from the first accused, the present petitioner has been arrested in this case. He also submitted that there is no recovery of contraband from the petitioner. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the accused were found to be in illegal possession of 1.25 kilograms of ganja. He fairly conceded that there is no recovery of contraband from this petitioner, who is arrayed as A4, and the only recovery made from the petitioner is empty covers, which are intended to sell the contraband. He further submitted that the investigation in this case has almost been completed and there is no previous against the petitioner.

At this juncture, it is submitted by the learned counsel for the petitioner that the petitioner, aged about 23 years, is a graduate and he is intended to pursue his post graduation in Data Science in Manipal Academy of Higher Education and he has also produced the application form and fee receipt for the same. He further submitted that the petitioner is suffering incarceration from 06.04.2024 and on considering the future of the petitioner, he may be enlarged on bail.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent and perused the materials available on record including the petitioner's application form and the fee receipt

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel for the petitioner and taking note the fact that no contraband was recovered from the petitioner and the investigation in this case is almost completed and there is no previous case against the petitioner and on considering the age of the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (Out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned Special Court for trial of NDPS Act cases, Coimbatore, 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 on every Sunday 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.