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Judgment
R.Venkatesan, J
The petitioner, who was arrested and remanded to judicial custody on 06.12.2021 for the offences under 8 (c ) r/w 20(b)(ii)(c ), 28 & 29 of NDPS Act, 1985 in NCB F.No.48 of 2021, on the file of the respondent, seeks bail.
The case of the prosecution is that, based on the specific information, the officers of the Narcotics Bureau, Chennai Zonal Unit, seized 642.100 Kilograms of brownish green colour dry leaves and flower tops believed to be marijuana (Ganja) which kept in Eicher Truck bearing Registration No. TN-57-W-0591 and arrested three persons namely Kubendran.A, Balakrishnan and Ramu.
3.The learned counsel appearing for the petitioner submits that the petitioner's mother died on 14.05.2022 at 7.30 a.m. Therefore, he seeks permission of this Court to permit the petitioner to perform final rites of his mother, Veerammal at Kurugampatti (Usilampatti Taluk). To that effect, the Village Administrative Officer has issued the Certificate.
4.The learned Special Public Prosecutor appearing for the Narcotic Control Bureau also confirms the death of the petitioner's mother, though raised objection, conceded for grant of interim bail with police escorts at the cost of the petitioner.
Considering the facts and circumstances of the case and also considering the death of the petitioner's mother, this Court is inclined to grant interim bail for a period of three days from 15.05.2022 to 17.05.2022 with certain conditions.
6.It is the fundamental duty of the petitioner to perform the funeral rites to his mother who died on 14.05.2022. Though the alleged offence committed by the petitioner is very serious in nature, considering the facts and circumstances of the case, this court impose the following conditions for the grant of interim bail.
(a) the petitioner is granted interim bail only for a period of three days from 15.05.2022 to 17.05.2022
(b) it is ordered that the petitioner shall be released on bail on his executing own bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) before the Superintendent, Central Prison, Puzhal, Chennai.
(c ) the petitioner is permitted to go to his native place along with two escort police at his own cost.
(d) after completing the funeral rites the petitioner shall surrender before the Superintendent, Central Prison, Puzhal, Chennai on 17.05.2022 by 10.00 a.m..