Buludeep And Others vs State

T.V.Thamilselvi, J

The petitioners who were arrested and remanded to judicial custody on 23.08.2022 for the offence under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.150 of 2022, on the file of the respondent police seeks bail.

The case of the prosecution is that upon the secret information, the respondent police gone to Jolarpet Railway Station, where, the petitioners were found in illegal possession of 2 kilograms of Ganja. Hence, the case.

The learned Counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit also that the petitioners are in judicial custody from 23.08.2022. Hence, he would pray for grant of bail to the petitioners.

The learned Government Advocate (Crl. Side) would raise objection stating that the petitioners were found in illegal possession of 2 kilograms of Ganja. He would also submit that the earlier bail application filed by the petitioners before the learned Special Judge for EC/NDPS Act cases, Salem in Crl.M.P.No.1117 of 2022 was dismissed on 22.11.2022. Hence, he opposed for grant of bail to the petitioners.

Considering the nature of allegation against the petitioners and considering the period of incarceration undergone by the petitioners and that the investigation has been completed, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, out of which one should be a blood related surety, each for a like sum to the satisfaction of the learned Special Judge for EC/NDPS Act Cases, 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 stay at Chennai and report before the respondent police daily at 10.30 a.m., for a period of two months and thereafter, on every Saturday at 10.30 a.m., until further orders;

[c] the petitioners shall not tamper with evidence or witness during trial;

[d] the petitioners shall not abscond during investigation/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.