Arunkumar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 24.08.2022 for the alleged offence under Sections 8(c), r/w 22(C) of NDPS Act, 1985 in Crime No.479 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on receipt of secret information about illegal sale of drugs, the respondent police along with his team went to the scene of occurrence at Porur to Guindy road nearby Mugalivakkam bus stop and on seeing the police, the petitioner tried to escape from that place, immediately, they caught hold of him. On search, they found the petitioner was in illegal possession of 9 LSC Stamp (0.14 grams) 5 Ecstacy Pill (2.6 grams) and MDMA Powder (13.5 grams), which was seized by them. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that this is third petition seeking for bail and he is in custody from 24.08.2022 for more than 10 months. He would further submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would submit that he has been falsely implicated by the respondent police in this case and he is ready to abide by any condition that may be imposed by this Court. He would further submit that the investigation is almost completed and no previous case pending against him. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that from the petitioner, 9 LSC Stamp (0.14 grams) 5 Ectacy Pill (2.6 grams) and MDMA powder (13.5 grams) were recovered. He would submit that, now the investigation is almost completed and he is in custody for more than 10 months. He would submit that he is arrayed as A1 in this case and one previous case at Bangalore. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that he is suffering incarceration for more than 10 months and the fact that now investigation is almost completed, 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 bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which, one surety must be a blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Poonamallee 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 appear before the respondent police on every Tuesday, Friday and Sunday at 10.30 a.m. for the period of three months and he shall also appear before the trial court for every hearing without fail;

(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 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]; and;

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