Aravind @ Chinna Aravind And Others vs State

G.Chandrasekharan, J

The petitioners, who were arrested and remanded to judicial custody on 26.07.2023 for the offence punishable under Sections 20(b)(ii)(B) r/w 8(c) of the NDPS Act in Crime No.180 of 2023 on the file of the respondent police, seek bail.

Learned counsel for the petitioners submitted that, petitioners are innocent persons and they have been falsely implicated as accused in a case registered for the offences punishable under Sections 20(b)(ii)(B) r/w 8(c) of the NDPS Act in Crime No.180 of 2023. Petitioners are in judicial custody from 26.07.2023. In the said circumstances, he seeks bail to the petitioners.

In response, learned Additional Public Prosecutor (Puducherry) submitted that, on 26.07.2023 at about 08.10 hours, on a reliable information, defacto complainant mounted surveillance near New Bus stand, Puducherry near eastern side toilet and found a group of male persons, under suspicious circumstances. On seeing the police party, they tried to escape. However, police secured five persons namely Aravind @ Chinna Aravind, Sureshkumar, Romy @ Remo, Sasikumar @ Bheam, Sueshkumar @ Padji. The investigation revealed that, 1st accused procured three kgs of ganja from unknown persons at Visakapattinam with an intention to sell. The accused were found in possession of 25 small polythene packets each, each containing 10 grams of ganja. A total of 1150 grams of ganja was recovered from the accused. There are totally 14 accused in this case. Remaining ganja was with the other accused, each accused having 25 packets of ganja, weighing 10 grams each. They are not yet arrested. This is the 1st case registered against the petitioners under NDPS Act. However, he seeks for dismissal of this petition.

Considered the submissions and perused the records.

Considering the fact that the ganja seized from the petitioners are small quantity and that petitioners are in judicial custody from 26.07.2023 and that the material part of the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioners. Accordingly, petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate -II, Puducherry 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 petitioners without prejudice to their defence shall deposit a non-refundable sum of Rs.10,000/-, each by way of Demand Draft to the Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009. Tamil Nadu, India, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the petitioners deposit 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.

[c] the petitioners shall report before the respondent police daily morning at 10.30 a.m., until further orders.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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].

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