Baipu Reddy Raju @ Gomanarathinam vs State

‘T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.08.2022 for the offence under Section 8(C) read with Section 20(b)(ii)(B) and 25 of N.D.P.S. Act 1985 and subsequently altered with 8(C) read with 20(b)(ii)(c) and 25 of N.D.P.S. Act, 1985 in Crime No.240 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 19 Kgs of Ganja. Hence, the case.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that the contraband involved in this case is in-between quantity. He further submitted that the petitioner has been suffering incarceration for more than 132 days. hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner along with other accused was found in illegal possession of 19 Kgs of Ganja. The petitioner was found in illegal transportation of 1.800 Kgs of ganja and the quantity was recovered from him. He would submit that the investigation has been completed and there is no previous case pending against the petitioner. However, he vehemently opposed to grant bail to the petitioner.

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

6.Taking into consideration the facts and submissions and the period of incarceration of the petitioner from date of his arrest, this Court is inclined to grant bail to the petitioner.

7.Accordingly, 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, out of which one should be a blood related surety each for a like sum to the satisfaction of learned Judicial Magistrate No.V, 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 on every Tuesday and Saturday for a period of four 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;