Devadoss @ Deva vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 05.08.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) and 25 and 29(1) of NDPS Act 1985, in Crime No.64 of 2022 on the file of the respondent police pending trial in C.C.No.189 of 2022 on the file of the Hon'ble Principal Special Judge for NDPS Act Cases, Chennai, seeks bail.

The case of prosecution is that on 05.08.2022, when the respondent police was on patrol at New Avadi Road, Aspiran Garden Junction, they intercepted petitioner's vehicle in a suspicious manner in the said road and on seeing them, the petitioner along with other accused tried to escape from the scene of occurrence and the police caught hold of them. On search, the petitioner along with other accused were found in possession of ganja and they seized 62.00 Kgs. of ganja from this petitioner and two other accused. Accordingly, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 170 days from 05.08.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit at the time of search, the quantity of 62 Kgs. Of ganja from this petitioner and the other two accused were seized, which is a commercial quantity. He would submit that totally there are 3 accused involved in this case and the petitioner is arrayed as A1 and there is no previous case pending against him. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed and final report has been filed in C.C.No.189 of 2022. He would also submit that the other two accused viz., A2 and A3 have been granted bail. However, he would vehemently opposed to grant bail to this petitioner.

Considering the above facts and circumstances and also the fact that the investigation is almost completed and final report has been filed in C.C.No.189 of 2022, also considering the period of incarceration undergone by the petitioner, no previous case is pending against this petitioner, and the other two co-accused viz., A2 and A3 have been granted bail, this Court is inclined to grant bail to the petitioner with certain conditions. However, the trial court is directed to complete the trial and dispose the case as expeditiously as possible.

Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai 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 police on every Wednesday at 10.30 a.m. for the period of three months and thereafter, he shall also appear before the trial court for every hearing regularly without fail.

(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.