Dhanalakshmi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 22.09.2021 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C), 25, 29 (1) of NDPS Act, 1985 in Crime No. 28 of 2021 on the file of the respondent police, pending trial in C.C.No.84 of 2022 on the file of I Addl. Special Court for Exclusive Trial of cases under NDPS Act, Chennai, seeks bail.

The case of prosecution is that on 22.09.2021, on secret information, when the respondent police on their regular duty at Madhavaram Bus terminal, in a suspicious manner, they intercepted a car and on search, they found the petitioner along with other accused were in illegal possession of 110 kgs. of ganja and they seized the same. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that she is no way connected with the offence and she has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 2 years from 22.09.2021. He would submit that so far, there is no progress in the trial and now the final report was filed.

Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A1 in this case. He would submit that from the scene of occurrence, 110 kgs. of contraband was seized from the vehicle, out of which, petitioner was found in possession of 20 kgs., which is an intermediate quantity. He would submit that now the investigation is almost completed and if she is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he strongly opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, the contraband seized from the petitioner is an intermediate quantity, and also considering the period of incarceration undergone by the petitioner for the past two years and now the final report was also filed, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Madhavaram, 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 appear before the respondent police on every Sunday at 10.30 a.m. for the period of four months and also appear before the trial court for every hearings 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 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.