A.Manikandan vs State

A.D.Jagadish Chandira, J

The petitioner who was arrested and remanded to judicial custody on 21.02.2023 for the offences punishable under Sections 8(c), read with Section 20(b)(ii)(B) of NDPS Act in Crime No.125 of 2023 on the file of the respondent police seeks bail.

The case of the prosecution is that on 21.02.2023, based on secret information, the respondent police went to scene of occurrence and conducted search during which, the petitioner along with other accused was found with illegal possession 2.750 Kg of Ganja. Hence, the case.

The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the co-accused/A2 has been granted bail by this Court in Crl.O.P.No5151 of 2023 by order dated 03.03.2023. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a substantial amount to any Charitable Institution as may be directed by this Court. He would also submit that the petitioner has been suffering incarceration from 21.01.2023. Hence, he seeks to grant bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail to the petitioner stating that the petitioner along with other accused was found with illegal possession 2.750 Kgs of Ganja. However, he would admit that the co-accused/A2 has been granted bail by this Court.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record.

In order to curb the illegal activities of selling and smuggling of Contraband, this Court is of the opinion that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to "Little Drops - Public Charitable Trust, Mobile-9176623342.", without prejudice to his rights and contentions before the trial Court.

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

Considering the facts and circumstances of the case, the contraband involved in this case is in between quantity, the investigation in this case is almost completed and the co-accused/A2 has been granted bail by this Court and also considering the period of incarceration undergone by the petitioner and that the petitioner on his own volition has come forward to contribute some amount for charitable purpose, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the "Little Drops - Public Charitable Trust, Account No.05811010002400, IFSC - PUNB0058110, Punjab National Bank, Moulivakkam Chennai, Mobile - 9176623342." without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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, for a like sum to the satisfaction of the learned Additional District and Special Court for Trial Cases under EC Act, 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 Tuesday and Saturday at 10.30 a.m. for a period of eight weeks 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 petitioners 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.