Akshay Kumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 07.12.2022 for the alleged offences punishable under Sections 399 of IPC r/w 8(c), 20(b)(ii)(B) of NDPS Act, in Crime No.965 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that based on the secret information, the respondent police intercepted the petitioner and other accused persons and they were found to be in possession of 1.3 kgs of ganja. Hence, the complaint.

The learned Counsel for the petitioner submits that the petitioner is an innocent person, he is not present in the scene of occurrence and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute some amount to any Charitable Purpose as may be directed by this Court. He further submits that the petitioner was still in judicial custody. Hence, he seeks to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that there are totally five accused in this case and the petitioner herein is arrayed as A5. Based on the secret information, the respondent police intercepted the petitioner along with other accused and they were found to be in possession of 1.3 kgs of ganja. He further submits that the petitioner has no previous case pending against him. However, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and also the fact that the petitioner has no previous case pending against him, 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) as non-refundable deposit to the credit of Registered Advocates Clerks Association at Coimbatore, and on such deposit, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, 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 daily at 5.30 p.m., for a period of two months;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and;

(f )if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;