Bharathi raja @ Bharathiraj And Others vs State

R.Sakthivel, J

The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 02.10.2023 for the alleged offence under Sections 8(c), r/w 20(b)(ii)(B) of NDPS Act 1985 (61 of 1985), in Crime No.376 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 02.10.2023, the petitioners/accused were found in possession of 2 Kgs of Ganja. Hence, the case.

3.The learned counsel for the petitioners submitted that petitioners are innocents and they did not commit any offence as alleged by the prosecution. He further submitted that they are ready and willing to abide any conditions imposed by this Court.

4.The learned Additional Public Prosecutor submitted that totally there are three accused in this case. The petitioners herein are arrayed as A1 and A2. He further submitted that the first petitioner has one previous case for similar offence in Crime No.134 of 2023 on the file of the Anupparpalayam Police Station, Tiruppur District and the second petitioner has no previous case.

5.Heard on both sides. This Court has perused the records.

6.The 1st petitioner has one previous case. The second petitioner has no previous case. The petitioners are in judicial custody since 02.10.2023.

7.Considering the nature of the offence allegedly committed by the petitioners and the quantity of the contraband to reform themselves,, with a view to give one more opportunity to the petitioners to reform themselves, this Court is inclined to grant bail to the petitioners with the following conditions.

8.Accordingly, this Criminal Original Petition is allowed subject to the following conditions.

(i) The petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the Principal Special Court for NDPS Act, Madurai;

(ii) The petitioners shall appear and sign before the respondent police daily at 10.30 a.m. until further orders;

(iii) The petitioners shall not tamper the evidence; and

(iv) On breach of any of the aforementioned conditions, the learned Magistrate is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].