Ashok Majumdar And Other vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 03.02.2023 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.4 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 03.02.2023, the respondent police arrested the petitioners, who were in possession of 4 kgs of Ganja. Hence the case.

3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offences alleged by the prosecution. The accused are hailing from Odisha. The false case was foisted against the petitioners for the statistical purpose. They will abide by any conditions imposed by this Court. They will not tamper or hamper the investigation. Hence, he prayed to grant bail to the petitioners.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners are hailing from Odisha, investigation is still pending. If the petitioners are granted bail at this stage, they will abscond and tamper the evidence. Hence, he vehemently opposed to grant bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each by way of Demand Draft to the Advocate Clerk Association, High Court, Madras and production of proof, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on condition that the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, of whom one surety must be a blood relative and each for a like sum to the satisfaction of the learned Judge, Special Court for EC/NDPS Act, Salem 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 shall report before the respondent Police on every Sunday at 10.30 a.m. for a period of eight weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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];

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